Chapter 4703 | Architects

Section 4703.01 | State board of examiners of architects.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

The governor shall appoint an architects board, which shall be composed of five individuals, four of whom shall be architects who have been in active practice in the state for not less than five years previous to their appointment, and one of whom shall be a member of the general public and who is not an architect.

At the expiration of the term of office of each of the members the governor shall, with the advice and consent of the senate appoint a successor. Terms of office shall be for five years, commencing on the third day of October and ending on the second day of October. Each member shall hold office from the date of appointment until the end of the term for which appointed. The governor may, upon bona fide complaint and for good cause shown, after ten days' notice to the member against whom charges may be filed, and after opportunity for hearing, remove any member of said board for inefficiency, neglect of duty, or malfeasance in office. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.

The members of said board shall, before entering upon the discharge of their duties, subscribe to and file with the secretary of state the constitutional oath of office.

Last updated September 25, 2023 at 11:11 AM

Section 4703.02 | Board organization - examinations.

• Effective: August 16, 2016
• Latest Legislation: House Bill 243 - 131st General Assembly

The architects board shall organize by electing from its membership a president and a secretary, and also a vice-president and an assistant secretary, who shall act during absence or disability of the president or secretary respectively.

The board shall adopt all necessary rules, regulations, and bylaws, not inconsistent with sections 4703.01 to 4703.19 of the Revised Code and the constitutions and laws of this state or of the United States, to govern its times and places of meeting for organization and reorganization, for the holding of examinations, and for fixing the length of the term of its officers. The board, under Chapter 119. of the Revised Code, may adopt, promulgate, and enforce rules governing the standards of education, service, conduct, and practice to be followed in the practice of the profession of architecture in the state, including rules for the enforcement of sections 4703.01 to 4703.19 of the Revised Code. The board shall include among the rules adopted governing the standards of practice, requirements regarding financial responsibility and professional liability insurance. The board may adopt rules pertaining to the satisfactory completion of continuing education requirements.

If the board adopts rules pertaining to continuing education requirements, the board shall, in general, follow model continuing education recommendations established by the national council of architectural registration boards or a similar successor organization.

The board shall issue to each successful examination applicant a certificate of qualification to practice architecture and shall impress on each certificate issued the seal of the board.

The secretary of the board shall be responsible for keeping a true and complete record of all proceedings of the board. The board may employ an executive secretary, investigators, and clerical assistance it determines necessary.

Section 4703.03 | Enforcement.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

(A) The architects board shall enforce sections 4703.01 to 4703.19 of the Revised Code, may subpoena witnesses and records in connection with its investigations, and may incur such expenses as are necessary.

(B) Each member of the board shall be entitled to receive, as a part of the expense of the board, an amount fixed pursuant to division (J) of section 124.15 of the Revised Code while actually engaged in attendance at meetings, in conducting examinations, or in the performance of official duties.

(C) The members shall receive also, as a part of the expense of the board, the amount of actual traveling, hotel, and other necessary expenses incurred in the performance of their duties.

(D) The secretary, executive secretary, and clerical assistants of the board shall give bond to the state in such sum as the board determines, but not less than three thousand dollars, conditioned upon the faithful discharge of their duties. Premiums for such bonds shall be paid by the board. Such bonds with approval of the board endorsed on them shall be deposited with the secretary of state and kept in the secretary of state's office.

Section 4703.04 | Reports.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

(A) The architects board shall file with the governor, after the close of each fiscal year a full report of its operations as of the thirtieth day of June of said year, together with a statement of receipts and expenditures.

(B) A roster, showing the name, registration number, and address of all architects registered and in good standing as of the first day of April of each even-numbered year under sections 4703.01 to 4703.19 of the Revised Code, shall be prepared by the board in each even-numbered year.

Section 4703.05 | Quorum of board.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

Three members of the architects board shall constitute a quorum, but no action at any meeting shall be taken without at least three votes in accord; and the regular and special meetings of the board shall be called and held in the manner and at the times and places prescribed in its rules.

Section 4703.06 | Certificate required - title - intern/emeritus architects.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

(A) Any person shall, before engaging in the practice of architecture or before being styled or known as an architect, secure from the architects board a certificate of the person's qualifications to practice under the title of "architect," and be registered with the board.

Any person holding such certificate and being registered pursuant to sections 4703.01 to 4703.19 of the Revised Code may be styled or known as an architect or as a registered architect.

No other person shall assume such title or use any abbreviation, or any words, letters, or figures, to indicate or imply that the person is an architect or registered architect, except that persons may be authorized by the board to use the specific title "intern architect," "architectural intern," or "emeritus architect" as described in division (B) of this section.

(B) The board may authorize by rule any person to use the title "intern architect," "architectural intern," or "emeritus architect." The board may adopt any rules the board deems necessary pertaining to intern architects, architectural interns, and emeritus architects, including, but not limited to, rules pertaining to registration, registration fees, and renewal fees.

Section 4703.07 | License qualifications.

• Effective: October 9, 2021
• Latest Legislation: House Bill 263 - 133rd General Assembly

Unless certified and registered pursuant to rules adopted under section 4703.08 of the Revised Code, an applicant for a certificate of qualification to practice architecture shall:

(A) Be at least eighteen years of age;

(B) Submit satisfactory evidence of having obtained a professional degree in architecture from a school having a program accredited by the national accrediting board recognized by the architects board or other equivalent architectural education as is recognized by the architects board;

(C) Complete the requirements for training under an internship program established or adopted by the architects board, including, but not limited to, design and construction documents, construction administration and office management, or equivalent experience acceptable to the board;

(D) Pass an examination as prescribed by the board.

Last updated October 9, 2021 at 4:52 AM

Section 4703.071 | Architecture education assistance program.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

(A) The architects board shall establish and maintain and administer an architecture education assistance program to pay applicant enrollment fees for the internship program required of applicants by section 4703.07 of the Revised Code.

(B) The board shall adopt rules in accordance with Chapter 119. of the Revised Code to establish all of the following:

(1) Applicant eligibility criteria for receipt of internship program enrollment fees, which must include a requirement that applicants be enrolled in an architecture education program at an institution within the state that has been approved by the board and accredited by the national architectural accrediting board, and may include a requirement that the applicant has completed a minimum amount of course work in the program as prescribed by the state board by rule;

(2) Application procedures for payment of internship program enrollment fees;

(3) The maximum amount of internship program enrollment fees that may be provided by the architecture education assistance program to an applicant;

(4) The total amount of internship program enrollment fees that may be disbursed by the architecture education assistance program in any given fiscal year;

(5) The means by which other matters incidental to the operation of the program may be approved, including the means to authorize necessary expenses for the operation of the architecture education assistance program.

(C) The receipt of internship program enrollment fees under this section shall not affect a student's eligibility for any other assistance, or the amount of that assistance.

Section 4703.08 | Reciprocity.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 - 134th General Assembly

The architects board shall adopt rules to certify and register an applicant for a certificate of qualification to practice architecture who is licensed or registered as an architect in another country, holds a current certificate in good standing issued by the national council of architectural registration boards, and wishes to be registered in this state.

Last updated December 29, 2023 at 6:44 AM

Section 4703.09 | Examinations.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

All examinations held under sections 4703.01 to 4703.19 of the Revised Code, shall be conducted by the architects board or its authorized representatives at such times and places as may be determined by the regulations established by the board, but not less than one examination for certificate of qualification to practice architecture shall be held in each year.

Section 4703.10 | Certificate of qualification to practice architecture.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 - 134th General Assembly

If the applicant passes the examination under section 4703.09 of the Revised Code or in lieu of the examination is, in the opinion of the architects board, eligible to register as an architect pursuant to rules adopted under section 4703.08 of the Revised Code, the applicant is eligible to receive from the board a certificate of qualification to practice architecture. The certificate shall be signed by the president and secretary of the board and shall bear the name of the successful applicant, the serial number of the certificate, the seal of the board, and the words, "admitted to practice architecture in the state of Ohio, the _____ day of _______, ____"

If the applicant fails the examination under section 4703.09 of the Revised Code, the board may refuse to issue a certificate of qualification to practice architecture.

The board shall certify and register an applicant in accordance with Chapter 4796. of the Revised Code for a certificate of qualification to practice architecture if either of the following applies:

(A) The applicant holds a certification, registration, or license to practice architecture in another state.

(B) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as an architect in a state that does not issue that certificate, registration, or license.

Last updated December 29, 2023 at 6:43 AM

Section 4703.11 | Register of certificates.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

The architects board shall keep an official register of all said certificates of qualification to practice architecture issued and of the renewals of the same as provided in sections 4703.01 to 4703.19 of the Revised Code, which register shall be properly indexed and shall be open for public inspection and information.

Section 4703.12 | Term - seal.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

(A) Each original certificate of qualification to practice architecture issued and registered shall authorize the holder to practice architecture as a registered architect throughout this state from the date of issuance until the last day of December of the odd-numbered year next succeeding the date upon which the certificate was issued, unless the certificate has been revoked or suspended for cause as provided in section 4703.15 of the Revised Code. Every holder of such certificate or its renewal shall secure a seal of the design prescribed by the rules of the architects board. All working drawings and specifications prepared by or under the supervision of the holder shall be imprinted with this seal. No person shall seal any document unless the person is the holder of a certificate currently in good standing.

(B) Each certificate of authorization issued under division (L) of section 4703.18 of the Revised Code shall authorize the holder to provide architectural services, through the architect designated as being in responsible charge of the architectural practice, from the date of issuance until the last day of June next succeeding the date upon which the certificate was issued, unless the certificate has been revoked or suspended for cause as provided in section 4703.15 of the Revised Code or has been suspended pursuant to section 3123.47 of the Revised Code.

Section 4703.13 | Applying for renewal.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

(A) Each architect who holds a certificate of qualification to practice architecture under sections 4703.01 to 4703.19 of the Revised Code and who desires to continue the practice of architecture shall, before or during the month of December of each odd-numbered year, make application, together with the renewal fee provided in section 4703.16 of the Revised Code, for a renewal of the certificate, and demonstrate satisfactory completion of any applicable continuing education requirements adopted by the architects board under section 4703.02 of the Revised Code. The renewal shall be pursuant to the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code, except that renewal is required in each odd-numbered year instead of annually. Each certificate shall be renewed for a term of two years, and the renewal shall be recorded in the official register of the board.

(B) Each holder of a certificate of authorization to provide architectural services shall, before or during the month of each June preceding the year the holder desires to continue to provide architectural services, make application, together with the renewal fee provided in section 4703.16 of the Revised Code, for a renewal of the certificate. Each certificate shall be renewed for a term of one year except as provided in section 4703.12 of the Revised Code.

Section 4703.14 | Renewal after expiration.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

Any holder of a certificate of qualification to practice architecture that has expired through failure to be renewed as provided in section 4703.13 of the Revised Code may obtain a renewal of such certificate, at any time within one year from the date of its expiration, upon application to and with the approval of the architects board. The time for renewal of such expired certificate may be extended at the discretion of the board. A certificate that has lapsed for a period of more than one year may be restored at the discretion of the board upon payment of the required fee.

Section 4703.15 | Disciplinary actions - fines.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

(A) The architects board may by three concurring votes deny renewal of, revoke, or suspend any certificate of qualification to practice architecture, issued or renewed under sections 4703.10, 4703.13, and 4703.14 of the Revised Code, or any certificate of authorization, issued or renewed under sections 4703.13 and 4703.18 of the Revised Code, if proof satisfactory to the board is presented in any of the following cases:

(1) In case it is shown that the certificate was obtained by fraud;

(2) In case the holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in the holder's professional practice, or has been convicted of a felony by a court of justice;

(3) In case the holder has been found guilty by the board of gross negligence, incompetency, or misconduct in the performance of the holder's services as an architect or in the practice of architecture;

(4) In case the holder of the certificate has been found guilty by the board of signing plans for the construction of a building as a "registered architect" where the holder is not the actual architect of such building and where the holder is without prior written consent of the architect originating the design or other documents used in the plans;

(5) In case the holder of the certificate has been found guilty by the board of aiding and abetting another person or persons not properly registered as required by sections 4703.01 to 4703.19 of the Revised Code, in the performance of activities that in any manner or extent constitute the practice of architecture.

(B) In addition to disciplinary action the board may take against a certificate holder under division (A) of this section or section 4703.151 of the Revised Code, the board may impose a fine against a certificate holder who obtained a certificate by fraud or who is found guilty of any act specified in divisions (A)(2) to (A)(5) of this section or who violates any rule governing the standards of service, conduct, and practice adopted pursuant to section 4703.02 of the Revised Code. The fine imposed shall be not more than one thousand dollars for each offense but shall not exceed five thousand dollars regardless of the number of offenses the certificate holder has committed between the time the fine is imposed and the time any previous fine was imposed.

(C) If a person fails to request a hearing within thirty days after the date the board, in accordance with sections 119.05 and 119.07 of the Revised Code, notifies the person of the board's intent to act against the person under division (A) of this section, the board by a majority vote of a quorum of the board members may take the action against a person without holding an adjudication hearing.

Last updated September 25, 2023 at 11:12 AM

Section 4703.151 | Disciplinary actions.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

The architects board may revoke or suspend licenses or reprimand licensees, and may revoke or suspend the certificate of authorization provided for in division (L) of section 4703.18 of the Revised Code, in accordance with the seriousness of the charge, for violation of rules governing the standards of service, conduct, and practice to be followed in the practice of the profession of architecture in the state, as adopted by the board pursuant to Chapter 4703. of the Revised Code.

Section 4703.16 | Fees.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

(A) The architects board shall establish the application fee for obtaining registration under section 4703.07 and the fee for obtaining registration pursuant to section 4703.08 of the Revised Code.

(B) The fee to restore a certificate of qualification to practice architecture is the renewal fee for the current certification period, plus the renewal fee for each two-year period in which the certificate was not renewed, plus a penalty the board establishes for each two-year period or part thereof in which the certificate was not renewed, provided that the maximum fee shall not exceed the amount established by the board.

(C) The board also shall establish the following fees:

(1) The fee for an original and duplicate certificate of qualification to practice architecture and the biennial renewal of the certificate;

(2) The fee for a duplicate renewal card;

(3) The fee to restore a certificate of qualification to practice architecture or certificate of authorization revoked under section 4703.15 of the Revised Code or suspended under section 3123.47 of the Revised Code;

(4) The fee for an original and duplicate certificate of authorization issued under division (L) of section 4703.18 of the Revised Code and the annual renewal of the certificate;

(5) The fee to cover costs for checks or other instruments returned to the board by financial institutions due to insufficient funds.

Section 4703.17 | Exceptions.

• Effective: June 13, 1990
• Latest Legislation: Senate Bill 110 - 118th General Assembly

The following shall be exempted from sections 4703.01 to 4703.19 of the Revised Code:

(A) Engaging in architectural work as an employee of a registered architect, provided that the work may not include responsible charge of design or inspection;

(B) Practice of architecture by any person not a resident of and having no established place of business in this state as a consultant of an architect registered under sections 4703.01 to 4703.19 of the Revised Code, provided that such nonresident consultant is qualified for such professional service in his own state or country. "Consultant," as used in this section, does not include a partner of a nonresident architect registered under sections 4703.01 to 4703.19 of the Revised Code.

(C) Practice of architecture solely as an officer or as an employee of the United States.

Section 4703.18 | Prohibiting practice without certificate.

• Effective: April 12, 2021
• Latest Legislation: Senate Bill 276 - 133rd General Assembly

(A) No person shall enter upon the practice of architecture or hold forth as an architect or registered architect, unless the person has complied with sections 4703.01 to 4703.19 of the Revised Code and is the holder of a certificate of qualification to practice architecture issued or renewed and registered under those sections.

(B) Sections 4703.01 to 4703.19 of the Revised Code do not prevent persons other than architects from filing applications for building permits or obtaining those permits.

(C) Sections 4703.01 to 4703.19 of the Revised Code do not prevent persons other than architects from preparing plans, drawings, specifications, or data, filing applications for building permits, or obtaining those permits for residential buildings, as defined by section 3781.06 of the Revised Code, or buildings erected as industrialized one-, two-, or three-family units or structures within the meaning of the term "industrialized unit" as provided in section 3781.06 of the Revised Code.

(D) Sections 4703.01 to 4703.19 of the Revised Code do not prevent persons other than architects from preparing drawings or data, from filing applications for building permits, or from obtaining those permits for the installation of replacement equipment or systems that are similar in type or capacity to the equipment or systems being replaced, and for any improvement, alteration, repair, painting, decorating, or other modification of any buildings or structures subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised Code where the building official determines that no plans or specifications are required for approval.

(E) Sections 4703.01 to 4703.19 of the Revised Code do not exclude a registered professional engineer from architectural practice that may be incident to the practice of engineering or exclude a registered architect from engineering practice that may be incident to the practice of architecture.

(F) Sections 4703.01 to 4703.19 of the Revised Code do not prevent a firm, partnership, association, limited liability company, or corporation of architects registered under those sections from providing architectural services and do not prevent an individual registered as a landscape architect under sections 4703.30 to 4703.49 of the Revised Code or as a professional engineer under Chapter 4733. of the Revised Code from being a member or trustee of a firm, partnership, association, limited liability company, or corporation of that type, but a member or trustee of that type shall not engage in the practice of architecture or hold forth as an architect contrary to sections 4703.01 to 4703.19 of the Revised Code and shall not practice a profession in which the person is not licensed.

(G) A firm, partnership, association, limited liability company, or corporation may provide architectural services in this state as long as the services are provided only through natural persons registered to provide those services in this state, subject to the exemptions in section 4703.17 of the Revised Code and subject otherwise to the requirements of sections 4703.01 to 4703.19 of the Revised Code.

(H) No firm, partnership, association, limited liability company, or corporation shall provide architectural services, hold itself out to the public as providing architectural services, or use a name including the word "architect" or any modification or derivation of the word, unless the firm, partnership, association, limited liability company, or corporation files all information required to be filed under this section with the architects board and otherwise complies with all requirements of sections 4703.01 to 4703.19 of the Revised Code. A nonprofit membership corporation may use a name including the word "architect" or any modification or derivation of the word without complying with this section.

(I) A corporation may be organized under Chapter 1701. of the Revised Code, a professional association may be organized under Chapter 1785. of the Revised Code, or a limited liability company may be formed under Chapter 1705. or 1706. of the Revised Code for the purpose of providing professional engineering, surveying, architectural, or landscape architectural services, or any combination of those services. A corporation organized under Chapter 1701. of the Revised Code for the purpose of providing those services also may be organized for any other purpose in accordance with that chapter.

(J) No firm, partnership, association, limited liability company, or corporation shall provide or offer to provide architectural services in this state unless more than fifty per cent of the partners, members, or shareholders, more than fifty per cent of the directors in the case of a corporation or professional association, more than fifty per cent of the managers in the case of a limited liability company the management of which is not reserved to its members, and more than fifty per cent of the trustees in the case of an employee stock ownership plan, are professional engineers, surveyors, architects, or landscape architects or a combination of those professions, who are registered in this or any other state and who own more than fifty per cent of the interests in the firm, partnership, association, limited liability company, or corporation; unless the requirements of this division and of section 1785.02 of the Revised Code are satisfied with respect to any professional association organized under Chapter 1785. of the Revised Code; or unless the requirements of this division and of Chapter 1705. or 1706. of the Revised Code are satisfied with respect to a limited liability company formed under that chapter.

A corporation is exempt from the requirements of division (J) of this section if the corporation was granted a charter prior to August 7, 1943, to engage in providing architectural services or was otherwise lawfully providing architectural services prior to November 15, 1982, in this state.

(K) Each firm, partnership, association, limited liability company, or corporation through which architectural services are offered or provided in this state shall designate one or more trustees, partners, managers, members, officers, or directors as being in responsible charge of the professional architectural activities and decisions, and those designated persons shall be registered in this state. In the case of a corporation holding a certificate of authorization provided for in division (L) of this section, at least one of the persons so designated shall be a director of the corporation. Each firm, partnership, association, limited liability company, or corporation of that type shall annually file with the architects board the name and address of each trustee, partner, manager, officer, director, member, or shareholder, and each firm, partnership, association, limited liability company, or corporation of that type shall annually file with the board the name and address of all persons designated as being in responsible charge of the professional architectural activities and decisions and any other information the board may require. If there is a change in any such person in the interval between filings, the change shall be filed with the board in the manner and within the time that the board determines.

(L) No corporation organized under Chapter 1701. of the Revised Code shall engage in providing architectural services in this state without obtaining a certificate of authorization from the architects board. A corporation desiring a certificate of authorization shall file with the board a copy of its articles of incorporation and a listing on the form that the board directs of the names and addresses of all trustees, officers, directors, and shareholders of the corporation, the names and addresses of any individuals providing professional services on behalf of the corporation who are registered to practice architecture in this state, and any other information the board requires. If all requirements of sections 4703.01 to 4703.19 of the Revised Code are met, the board may issue a certificate of authorization to the corporation. Except for a corporation that was granted a charter prior to August 7, 1943, to engage in providing architectural services or that was otherwise lawfully providing architectural services prior to November 15, 1982, no certificate of authorization shall be issued unless persons owning more than fifty per cent of the corporation's shares and more than fifty per cent of the interests in the corporation are professional engineers, surveyors, architects, or landscape architects, or a combination of those professions, who are registered in this or any other state. Any corporation that holds a certificate of authorization under this section and otherwise meets the requirements of sections 4703.01 to 4703.19 of the Revised Code may be organized for any purposes for which corporations may be organized under Chapter 1701. of the Revised Code and shall not be limited to the purposes of providing professional engineering, surveying, architectural, or landscape architectural services or any combination of those professions. The board, by rules adopted in accordance with Chapter 119. of the Revised Code, may require any firm, partnership, association, or limited liability company not organized under Chapter 1701. of the Revised Code that provides architectural services to obtain a certificate of authorization. If the board so requires, no firm, partnership, association, or limited liability company shall engage in providing architectural services without obtaining the certificate and complying with the rules.

(M) This section does not modify any law applicable to the relationship between a person furnishing a professional service and a person receiving that service, including liability arising out of that service.

(N) Nothing in this section restricts or limits in any manner the authority or duty of the architects board with respect to natural persons providing professional services or any law or rule pertaining to standards of professional conduct.

Last updated September 10, 2021 at 11:31 AM

Section 4703.181 | Injunctions.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

The architects board may apply to a court of competent jurisdiction for relief by injunction or restraining order to enjoin or restrain a person, firm, corporation, partnership, or any other group or combination of persons from the commission of any act which is prohibited by sections 4703.01 to 4703.19 of the Revised Code, or by rules governing the standards of service, conduct, and practice to be followed in the practice of the profession of architecture in the state, as adopted by the board under Chapter 4703. of the Revised Code.

The remedy provided by this section shall be in addition to any other remedy provided by law.

Section 4703.182 | Unauthorized practice.

• Effective: November 24, 1995
• Latest Legislation: House Bill 231 - 121st General Assembly

(A) Notwithstanding any other provision of this chapter, any person who performs labor or who provides services pursuant to a construction contract may offer or provide architectural services in connection with the person's own labor or services if all of the following apply:

(1) The architectural services are provided and performed by an architect registered under this chapter or by a firm holding a certificate of authorization granted pursuant to this chapter through either direct employment or independent contract with the person contracting with the owner and offering the services.

(2) The architectural services are offered by the person who intends to perform the actual construction of an improvement to real property as part of a design-build contract.

(3) The contractor, the architect registered under this chapter, or the firm holding a certificate of authorization granted pursuant to this chapter meets the requirements of section 153.70 of the Revised Code when design-build services are provided to a public authority as defined in section 153.65 of the Revised Code.

(B) Except as otherwise provided in this section, no person shall offer or engage in the practice of architecture without a certificate of authorization for any construction contract that is to be constructed by another person, or hold himself or herself out to the public as engaging in the practice of architecture or as providing architectural services without a certificate of authorization.

(C) As used in this section:

(1) "Construction contract" means any oral or written agreement that involves any activity in connection with the erection, alteration, repair, replacement, renovation, installation, or demolition of any building, structure, highway, or bridge.

(2) "Design-build" means a project delivery system for improvements to real property by which a person is solely responsible contractually as a contractor to an owner for both the design and construction of the improvement, which design and construction may include a performance-based specification established by the owner rather than a specific design as an improvement goal. As used in this division, "contractor" has the same meaning as in section 4113.61 of the Revised Code.

Section 4703.19 | Attorney general duties - complaints.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

The attorney general is hereby designated as the legal advisor of the architects board.

Any person having knowledge of facts leading to the belief that a violation of division (A) of section 4703.18 of the Revised Code has occurred, may file an affidavit stating such facts with the prosecuting attorney of the county in which such alleged violation occurred, for the purpose of having a complaint filed by such prosecuting attorney.

Section 4703.20 | Architect lien definitions.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

As used in sections 4703.20 to 4703.206 of the Revised Code:

(A) "Architect" means an individual, partnership, corporation, or association providing architect services pursuant to this chapter. "Architect" does not include a landscape architect registered under this chapter.

(B)(1)(a) "Commercial real estate" means any parcel of real estate in this state other than real estate containing or intended to contain one-to-four residential units.

(b) "Commercial real estate" includes any improvement made to or with regard to such a parcel.

(2) "Commercial real estate" does not include either of the following:

(a) Single-family residential units such as condominiums, townhouses, manufactured homes or industrialized units as defined in section 3781.06 of the Revised Code, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even though these units may be a part of a larger building or parcel of real estate containing more than four residential units;

(b) Real estate owned by a public authority as defined in section 1311.25 of the Revised Code.

(C) "Improvement" means all of the following:

(1) Designing, planning, constructing, erecting, altering, repairing, demolishing, removing, or providing other construction services with regard to any of the following:

(a) Any building or appurtenance thereto;

(b) A fixture, bridge, or other structure;

(c) Any gas pipeline or well, including a well drilled or constructed for the production of oil or gas.

(2) The furnishing of tile for the drainage of any lot or land;

(3) The excavation, cleanup, or removal of hazardous material or waste from real property;

(4) The enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any plants;

(5) The grading or filling to establish a grade.

(D) "Owner" means a person who has a legal or equitable interest in commercial real estate, including a contingent interest, pursuant to an agreement or contract, and who enters into a written contract with an architect for services to be provided with regard to any such interest in the commercial real estate.

Last updated July 14, 2021 at 12:30 PM

Section 4703.201 | Architect lien on commercial real estate.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A)(1) An architect who enters into a written contract for services to be provided with regard to any interest in commercial real estate has a lien on that interest.

(2) The lien shall be effective only if the contract for services is in writing and is signed by the architect and the owner of the interest in commercial real estate.

(B)(1) Only the architect named in the contract shall have a lien pursuant to this section.

(2) A lien is not available to any employee, agent, or independent contractor of the architect.

(C) The amount of the lien shall be limited to the amount due to the architect pursuant to the contract.

(D) The lien shall be effective only against the interest in commercial real estate that is the subject of the contract.

(E) All valid and recorded mechanic's liens arising pursuant to Chapter 1311. of the Revised Code, regardless of recordation date, and all previously recorded mortgages and liens, including judgment liens, take priority over an architect's lien.

Last updated July 14, 2021 at 12:30 PM

Section 4703.202 | Perfection of architect lien.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A) To perfect a lien on commercial real estate referred to in section 4703.201 of the Revised Code, an architect shall file with the county recorder of the county in which the commercial real estate is located an affidavit as described in division (B) of this section.

(B)(1) The affidavit required under division (A) of this section shall include all of the following:

(a) The name of the architect;

(b) The name of the owner of the interest in the commercial real estate;

(c) The name of the record owner of the commercial real estate if different than the owner described in division (B)(1)(b) of this section;

(d)(i) A legal description of the commercial real estate sufficient to reference the instrument by which the record owner took title and the permanent parcel number, if any ;

(ii) Division (B)(1)(d)(i) of this section shall not be construed as requiring a metes and bounds description.

(e) The parties to and date of the contract;

(f) The amount of the architect's claim under the contract;

(g) A statement that the information contained in the affidavit is true and accurate to the knowledge of the architect.

(2) The affidavit shall be signed by the architect and notarized.

(C) Not later than thirty days after recordation, the architect shall serve the recorded affidavit upon all parties listed in the affidavit by such delivery method as provides proof of receipt. Failure to serve shall not invalidate the lien, but a court may consider equitable remedies for such failure.

(D) A county recorder receiving an affidavit filed pursuant to division (A) of this section shall record the affidavit and charge and collect from the person filing the affidavit the fees prescribed in section 317.32 of the Revised Code for the recorder's services.

Last updated July 14, 2021 at 12:31 PM

Section 4703.203 | Enforcement of architect lien.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A)(1) An architect holding a lien on commercial real estate that has been perfected pursuant to section 4703.202 of the Revised Code may commence proceedings to enforce the lien by filing a complaint in the common pleas court of the county in which the commercial real estate is located.

(2) The complaint need not initiate foreclosure proceedings on the lien prior to a court determining the validity of the underlying claim.

(B) The architect shall name as defendants in the complaint all parties who have an interest of record in the commercial real estate that is the subject of the lien, including all parties named in the affidavit required under section 4703.202 of the Revised Code.

(C)(1) The architect shall file the complaint within two years of the date of recordation of the affidavit required under section 4703.202 of the Revised Code.

(2) Failure to file a complaint within the time specified shall extinguish the lien.

(D)(1)(a) Any person with an interest in the commercial real estate subject to a lien perfected pursuant to section 4703.202 of the Revised Code may demand, in writing, that the architect commence suit to enforce the lien.

(b) Such a demand shall be commenced by serving the architect and all parties listed in the affidavit required under section 4703.202 of the Revised Code the written demand. Such a delivery may be made by any means that provides proof of receipt.

(2) If the architect does not commence the action within sixty days after receipt of the demand, the lien is extinguished.

Last updated July 14, 2021 at 12:31 PM

Section 4703.204 | Satisfaction and release of architect lien.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A) When a claim underlying a lien perfected pursuant to section 4703.202 of the Revised Code is satisfied, the architect holding the lien shall record a written release of the architect's lien in the county recorder's office of the county in which the lien was recorded.

(B) The architect shall file the lien release for recording within thirty days after the underlying claim is satisfied.

(C) The county recorder shall record the release and charge and collect from the architect the fees set forth in section 317.32 of the Revised Code for the recorder's services.

Last updated July 14, 2021 at 12:31 PM

Section 4703.205 | Architect lien release affidavit.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A) When a claim underlying a lien established pursuant to section 4703.201 of the Revised Code is satisfied, regardless of whether or not the architect holding the lien records a written release pursuant to section 4703.204 of the Revised Code, or when such a lien is extinguished pursuant to section 4703.203 of the Revised Code, any person with an interest in the commercial real estate that was the subject of the lien, or named in the affidavit recorded pursuant to section 4703.202 of the Revised Code, may record an affidavit stating that the underlying claim was satisfied or that the lien was released by operation of law in the county recorder's office of the county in which the commercial real estate is located.

(B) The county recorder shall record the affidavit and charge and collect from the person filing the affidavit the fees set forth in section 317.32 of the Revised Code for the recorder's services.

(C) The fact that a claim underlying a lien is satisfied or that a lien is extinguished by operation of law does not affect any other right or appropriate action, such as for breach of contract.

Last updated July 14, 2021 at 12:32 PM

Section 4703.206 | Substitution of financial security for architect lien.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A) Any person with an interest in commercial real estate on which a lien has been perfected pursuant to section 4703.202 of the Revised Code, or named in the affidavit required under that section, may apply to the common pleas court of the county in which the commercial real estate is located to substitute financial security for the lien.

(B) The substitute security shall be in the amount equal to the architect's claim, and in a form such as an escrow account or surety bond held by the clerk of courts or other party as determined adequate by the court.

(C) The court, in its entry approving the substitute security, shall direct the release of the lien.

(D)(1) The person substituting the security shall file the entry and release for recording in the office of the county recorder of the county in which the commercial real estate is located.

(2) The county recorder shall record the entry and release and charge and collect from the person filing the entry and release for recording the fees set forth in section 317.32 of the Revised Code for the recorder's services.

Last updated July 14, 2021 at 12:32 PM

Section 4703.30 | Landscape architect definitions.

• Effective: June 3, 2014
• Latest Legislation: House Bill 202 - 130th General Assembly

As used in sections 4703.30 to 4703.49 of the Revised Code:

(A) "Landscape architect," "professional landscape architect," or "registered landscape architect" means a person who has been registered as provided in sections 4703.30 to 4703.49 of the Revised Code.

(B) "Landscape architecture" or "the practice of landscape architecture" includes:

(1) The preparation of master, site, and comprehensive development plans, the preparation of feasibility and site selection studies, and the supervision of the execution of projects thereon, in accordance with the accepted professional standards of public health, welfare, and safety, where the dominant purpose of such service involves:

(a) The preservation, conservation, enhancement, or determination of proper land and water uses, natural land features, ground cover and plantings, naturalistic and aesthetic values, natural systems, reforestation, restoration, and reclamation;

(b) The determination of settings, grounds, and approaches for buildings and structures or other improvements; the determination of environmental problems of land relating to erosion and sediment control, flooding, blight and other hazards; the shaping and contouring of land and water forms; the determination of grades; and the determination of surface and ground water drainage and providing for drainage systems where such systems do not require structural design of system components or a hydraulic analysis of the receiving storm water conveyance system;

(c) The development of roadways and parkways, equestrian, bicycle, and pedestrian circulation systems, sidewalks, parking, planting, pools, irrigation systems, and other ancillary elements, for public and private use and enjoyment.

(2) The preparation of construction documents, provided that these are limited to and are necessary for projects within the scope of the practice of landscape architecture as defined in divisions (B)(1)(a), (b), and (c) of this section;

(3) The following services as they relate to the practice of landscape architecture:

(a) Construction observation;

(b) Project coordination and review of technical submissions, plans, and construction documents;

(c) Collaboration with architects and professional engineers in the design of streets, highways, bridges, buildings, and structures with respect to the functional and aesthetic requirements of the area in which such facilities are to be placed.

(4) This practice shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this section, but shall not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, or the design of streets and highways, utilities, storm and sanitary sewers, and water and sewage treatment facilities, such as are exclusive to the practice of engineering or architecture. A landscape architect shall undertake to perform professional services only when the landscape architect is qualified by education, training, and experience in the specific technical areas involved. This division shall not be construed to prohibit a landscape architect from engaging individuals performing services outside the scope of the landscape architect's qualifications as consultants.

(5) The practice of landscape architecture does not include the practice of surveying as defined in section 4733.01 of the Revised Code.

(C) "Board" means the Ohio landscape architects board.

Section 4703.31 | Ohio landscape architects board.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

(A) There is hereby created the Ohio landscape architects board. The board shall consist of five members appointed by the governor. All appointments made to the board shall be for a five-year term commencing on the eleventh day of November and ending on the tenth day of November. Each member shall hold office from the date of appointment until the end of the term to which the member was appointed. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor is appointed, or until a period of sixty days has elapsed, whichever occurs first. Three of the members shall be landscape architects registered under sections 4703.33 to 4703.37 of the Revised Code for not less than five years prior to appointment to the board. One member shall be appointed from a licensed design profession and one member shall represent the public. Any member of the board may be removed by the governor at any time for cause.

(B) In the event of a vacancy in the office of a member of the board other than by reason of the expiration of a term, the governor, not later than ninety days after the occurrence of the vacancy, shall appoint a person to hold office for the remainder of the unexpired term.

(C) The board shall elect from its members a president and a secretary who shall hold those offices for one year.

(D) Each member of the board shall receive as a part of the expense of the board an amount fixed pursuant to division (J) of section 124.15 of the Revised Code for each day actually employed in the discharge of official duties, along with other necessary expenses.

(E) The board shall meet at least twice each calendar year for purposes of transacting regular business and may hold other meetings upon the call of the president or a majority of the members of the board after reasonable notice to the other board members of the time and place of the meeting. Three members of the board constitute a quorum for the transaction of business.

(F) The board shall utilize the physical facilities and administrative staff of the architects board for the discharge of all the Ohio landscape architects board's administrative duties in connection with the administration and enforcement of sections 4703.30 to 4703.52 of the Revised Code. The Ohio landscape architects board shall bear a proportionate share of the cost of those administrative services, which shall not exceed its revenue.

Section 4703.32 | Use of titles; unauthorized practice.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

(A) No person shall engage in the practice of landscape architecture or use the title of "landscape architect," "professional landscape architect," or "registered landscape architect" or any title, sign, card, or device indicating, or tending to indicate, or represent in any manner that the person is a landscape architect, professional landscape architect, or registered landscape architect, unless the person is registered under sections 4703.30 to 4703.49 of the Revised Code.

Any person registered pursuant to sections 4703.30 to 4703.99 of the Revised Code may be designated or known as a landscape architect, professional landscape architect, or registered landscape architect.

No person shall assume a title or use any abbreviation, words, letters, or figures to indicate or imply that the person is a landscape architect, professional landscape architect, or registered landscape architect, unless the person is registered under sections 4703.30 to 4703.49 of the Revised Code.

(B) Notwithstanding division (A) of this section, the Ohio landscape architects board may authorize any person to use the title "emeritus landscape architect." An emeritus landscape architect is an individual who has been registered to practice landscape architecture in this state for at least ten years, is fully retired from the practice of landscape architecture, and is at least sixty-five years old. An emeritus landscape architect is exempt from the continuing education and fee requirements of sections 4703.30 to 4703.49 of the Revised Code.

(C) Sections 4703.30 to 4703.49 of the Revised Code are not intended to restrict or otherwise affect the right of any individual to practice architecture under sections 4703.01 to 4703.19 of the Revised Code or engineering under sections 4733.01 to 4733.27 of the Revised Code. This division does not exclude a registered architect from the practice of landscape architecture that is incidental to the practice of architecture or exclude a landscape architect from the practice of architecture that is incidental to the practice of landscape architecture.

(D) Sections 4703.30 to 4703.49 of the Revised Code do not affect the right of any individual to engage in the occupation of growing or marketing nursery stock or to use the title "nurseryperson," "landscape nurseryperson," "gardener," "landscape gardener," "landscape designer," "general contractor," "landscape contractor," "land developer," "golf course architect," or "golf course designer," provided that no individual shall engage in the practice of landscape architecture or use the title "landscape architect," "professional landscape architect," or "registered landscape architect," unless the person has complied with sections 4703.30 to 4703.49 of the Revised Code.

(E) Nothing in sections 4703.30 to 4703.49 of the Revised Code prevents a vendor of goods, services, or materials, including nurserypersons, landscape nurserypersons, gardeners, landscape gardeners, landscape designers, general or landscape contractors, land developers, and golf course architects or golf course designers, from providing drawings or graphic diagrams that are necessary for the proper layout of the vendor's goods or materials for public or private land or arranging for the installation of the goods or materials. Nothing in sections 4703.30 to 4703.49 of the Revised Code prevents a landscape designer from engaging in, for a fee, the design of spaces utilizing plant materials and ancillary paving and building materials or arranging for the installation of the materials. Nothing in sections 4703.30 to 4703.49 of the Revised Code shall be construed in any manner to prohibit a person from designing or preparing drawings or specifications for any real property owned by that person.

(F) Each landscape architect, upon registration by the Ohio landscape architects board, may obtain a stamp of the design authorized by the board, bearing the name of the registrant, date of registration, number of certificate, and the legend "registered landscape architect," "professional landscape architect," or "landscape architect." All professional documents, including maps, plans, designs, drawings, specifications, estimates, and reports, issued by a registrant may be stamped only while the registrant's certificate is in full force and effect.

Section 4703.33 | Powers and duties of board.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 - 134th General Assembly

(A) The Ohio landscape architects board, in accordance with Chapter 119. of the Revised Code, may adopt, amend, and enforce rules governing the standards for education, experience, services, conduct, and practice to be followed in the practice of the profession of landscape architecture and rules pertaining to the satisfactory completion of continuing education requirements. If the board adopts rules pertaining to continuing education requirements, the board shall, in general, follow model continuing education recommendations established by the council of landscape architectural registration boards or a similar successor organization.

(B) The board, or the board's designee, shall hold examinations not less than once annually and shall register as a landscape architect each applicant who demonstrates to the satisfaction of the board that the applicant has met all the requirements of section 4703.34 of the Revised Code.

(C) The board shall issue to each individual registered pursuant to this section a certificate of qualification.

Chapter 4796. of the Revised Code does not apply to a certificate of qualification issued under this division.

(D) The board shall appoint at least one of its members as a delegate to each regional and annual meeting of the council of landscape architectural registration boards.

Last updated December 29, 2023 at 6:42 AM

Section 4703.331 | Offering services through authorized business entity.

• Effective: April 12, 2021
• Latest Legislation: Senate Bill 276 - 133rd General Assembly

(A) A firm, partnership, association, limited liability company, or corporation may provide landscape architectural services in this state as long as the services are provided only through natural persons registered to provide those services in this state and subject to the requirements of this chapter.

(B) No firm, partnership, association, limited liability company, or corporation shall provide landscape architectural services, hold itself out to the public as providing landscape architectural services, or use a name including the word "landscape architect," "professional landscape architect," or "registered landscape architect" or any modification or derivation of those words, unless the firm, partnership, association, limited liability company, or corporation files all information required to be filed under this section with the Ohio landscape architects board and otherwise complies with all requirements of this chapter. A nonprofit membership corporation may use a name including the word "landscape architect," "professional landscape architect," or "registered landscape architect" or any modification or derivation of those words without complying with this section.

(C) A corporation may be organized under Chapter 1701. of the Revised Code, a professional association may be organized under Chapter 1785. of the Revised Code, or a limited liability company may be formed under Chapter 1705. or 1706. of the Revised Code for the purpose of providing professional engineering, surveying, architectural, or landscape architectural services, or any combination of those services. A corporation organized under Chapter 1701. of the Revised Code for the purpose of providing those services also may be organized for any other purpose in accordance with that chapter.

(D) No firm, partnership, association, limited liability company, or corporation shall provide or offer to provide landscape architectural services in this state unless more than fifty per cent of the partners, members, or shareholders, more than fifty per cent of the directors in the case of a corporation or professional association, more than fifty per cent of the managers in the case of a limited liability company the management of which is not reserved to its members, and more than fifty per cent of the trustees in the case of an employee stock ownership plan, are professional engineers, surveyors, architects, or landscape architects or a combination of those professions, who are registered in this or any other state and who own more than fifty per cent of the interests in the firm, partnership, association, limited liability company, or corporation; unless the requirements of this division and of section 1785.02 of the Revised Code are satisfied with respect to any professional association organized under Chapter 1785. of the Revised Code; or unless the requirements of this division and of Chapter 1705. or 1706. of the Revised Code are satisfied with respect to a limited liability company formed under that chapter.

(E) Each firm, partnership, association, limited liability company, or corporation through which landscape architectural services are offered or provided in this state shall designate one or more trustees, partners, managers, members, officers, or directors as being in responsible charge of the professional landscape architectural activities and decisions, and those designated persons shall be registered in this state. Each firm, partnership, association, limited liability company, or corporation of that type shall annually file with the board the name and address of each trustees, partner, manager, officer, director, member, or shareholder, and each firm, partnership, association, limited liability company, or corporation of that type shall annually file with the board the name and address of all persons designated as being in responsible charge of the professional landscape architectural activities and decisions and any other information the board may require. If there is a change in any such person in the interval between filings, the change shall be filed with the board in the manner and within the time that the board determines.

(F) No corporation organized under Chapter 1701. of the Revised Code shall engage in providing landscape architectural services in this state without obtaining a certificate of authorization from the board. A corporation desiring a certificate of authorization shall file with the board a copy of its articles of incorporation and a listing on the form that the board directs of the names and addresses of all trustees, officers, directors, and shareholders of the corporation, the names and addresses of any individuals providing professional services on behalf of the corporation who are registered to practice landscape architecture in this state, and any other information the board requires. If all requirements of this chapter are met, the board may issue a certificate of authorization to the corporation. No certificate of authorization shall be issued unless persons owning more than fifty per cent of the corporation's shares and more than fifty per cent of the interests in the corporation are professional engineers, surveyors, architects, or landscape architects, or a combination of those professions, who are registered in this or any other state. Any corporation that holds a certificate of authorization under this section and otherwise meets the requirements of this chapter may be organized for any purposes for which corporations may be organized under Chapter 1701. of the Revised Code and shall not be limited to the purposes of providing professional engineering, surveying, architectural, or landscape architectural services or any combination of those services. The board, by rules adopted in accordance with Chapter 119. of the Revised Code, may require any firm, partnership, association, or limited liability company not organized under Chapter 1701. of the Revised Code that provides landscape architectural services to obtain a certificate of authorization. If the board so requires, no firm, partnership, association, or limited liability company shall engage in providing landscape architectural services without obtaining the certificate and complying with the rules.

(G) This section does not modify any law applicable to the relationship between a person furnishing a professional service and a person receiving that service, including liability arising out of that service.

(H) Nothing in this section shall restrict or limit in any manner the authority or duty of the board with respect to natural persons providing professional services or any law or rule pertaining to standards of professional conduct.

Last updated September 10, 2021 at 11:44 AM

Section 4703.332 | Design-build construction contracts.

• Effective: July 23, 2002
• Latest Legislation: House Bill 214 - 124th General Assembly

(A) Notwithstanding any other provision of sections 4703.30 to 4703.49 of the Revised Code, any person performing labor or providing services pursuant to a construction contract may offer or provide landscape architectural services in connection with the person's other labor or services if all of the following apply:

(1) The person employs a landscape architect registered under sections 4703.30 to 4703.49 of the Revised Code or enters into a contract with a firm, partnership, association, limited liability company, or corporation with a valid certificate of authorization granted under sections 4703.30 to 4703.49 of the Revised Code to provide landscape architectural services.

(2) The person intending to perform the actual construction of an improvement to real property as part of a design-build contract offers the landscape architectural services.

(3) The contractor, the landscape architect registered under sections 4703.30 to 4703.49 of the Revised Code, or the firm, partnership, association, limited liability company, or corporation with a valid certificate of authorization granted under section 4703.331 of the Revised Code meets the requirements of section 153.70 of the Revised Code when design-build services are provided to a public authority as defined in section 153.65 of the Revised Code.

(B) Except as otherwise provided in this section, no person without a certificate of authorization shall offer landscape architectural services or engage in the practice of landscape architecture pursuant to any construction contract whose terms are to be performed by another person or represent to the public that the person engages in the practice of landscape architecture or provides landscape architectural services without a valid certificate of authorization.

(C) As used in this section:

(1) "Construction contract" means any oral or written agreement that involves any activity in connection with an alteration, repair, replacement, renovation, or installation project that is related to land or water resources.

(2) "Design-build" means a project delivery system for improvements to real property by which a person is solely responsible contractually as a contractor, as defined in section 4113.61 of the Revised Code, to an owner for both the design and construction of the improvement, which design and construction may include a performance-based specification established by the owner rather than a specific design as an improvement goal.

Section 4703.34 | Applying for registration.

• Effective: October 9, 2021
• Latest Legislation: House Bill 263 - 133rd General Assembly

(A) Any individual desiring to be registered as a landscape architect may apply in writing to the Ohio landscape architects board in the manner prescribed by the board.

(B) Except as provided in section 4703.35 of the Revised Code, each application shall include, or be accompanied by, evidence given under oath or affirmation and satisfactory to the board that the applicant possesses the qualifications prescribed by division (C) of this section and also possesses, or is in the process of obtaining, one of the qualifications required by division (D) of this section. Each applicant shall include in the application a request for examination. The board shall permit an applicant who is in the process of completing the requirement specified in division (D) of this section to take an examination, but the board shall not register such an applicant until the applicant completes the requirement.

(C) Except as provided in section 4703.35 of the Revised Code, each applicant for registration as a landscape architect shall pass, to the satisfaction of the board, an examination conducted under the authority of the board to determine the fitness of the applicant for registration. The applicant shall be at least eighteen years of age and shall have obtained a professional degree in landscape architecture from a program accredited by the national landscape architect accrediting board.

(D) In addition to the qualifications required by division (C) of this section, the applicant shall meet either of the following requirements:

(1) Has completed three years of practical experience in the office of and under the direct supervision of a registered landscape architect who is actively involved in the practice of landscape architecture, or equivalent experience, as determined by the board, provided that at least one year of the practical experience or its equivalent as required by division (D)(1) of this section shall have been completed by the applicant subsequent to the completion of the educational requirements established by division (C) of this section;

(2) Has completed the requirements for training under an internship program established pursuant to rules adopted by the board that includes, but is not limited to, training in design and construction documents and construction administration and office management, or has equivalent experience that is acceptable to the board.

Last updated October 9, 2021 at 4:52 AM

Section 4703.35 | Reciprocity.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 - 134th General Assembly

(A) The Ohio landscape architects board shall register as a landscape architect any individual who is at least eighteen years of age and who provides evidence satisfactory to the board that the individual is a registered or licensed landscape architect in another country in which the qualifications, at the time of licensure, were substantially equal, in the opinion of the board, to the requirements for registration as a landscape architect in this state. The board may require that an applicant for registration under this division hold a current council record or certificate in good standing issued by the council of landscape architectural registration boards.

(B) The board shall register as a landscape architect in accordance with Chapter 4796. of the Revised Code an individual if either of the following applies:

(1) The individual holds a registration or license as a landscape architect in another state.

(2) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a landscape architect in a state that does not issue that registration or license.

Last updated December 29, 2023 at 6:42 AM

Section 4703.36 | Qualifications for registration.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

(A) The Ohio landscape architects board shall register as a landscape architect each applicant who demonstrates to the satisfaction of the board that the applicant has met all requirements of section 4703.34 of the Revised Code or, in lieu thereof, has complied with section 4703.35 of the Revised Code. The certificate issued to each individual shall be prima-facie evidence of the right of the individual to whom it is issued to represent self as a landscape architect and to enter the practice of landscape architecture, subject to sections 4703.30 to 4703.49 of the Revised Code.

(B) Each certificate of qualification issued and registered on or after the effective date of this amendment shall authorize the holder to practice landscape architecture as a landscape architect in this state until the last day of December of each even-numbered calendar year, unless revoked or suspended for cause as provided in this chapter or suspended pursuant to section 3123.47 of the Revised Code. License renewal shall be conducted in accordance with the standard license renewal procedure in Chapter 4745. of the Revised Code. Each applicant for license renewal shall demonstrate satisfactory completion of any continuing education requirements the board adopts under section 4703.33 of the Revised Code. Each renewal shall be recorded in the official register of the board.

(C) Each person registered by the board shall secure a seal of the design prescribed by the board. All plans, specifications, drawings, and other documents prepared by, or under the direct supervision of, the landscape architect shall be imprinted with the seal in accordance with the requirements of the board.

(D) Each certificate of authorization issued under division (F) of section 4703.331 of the Revised Code shall authorize the holder to provide landscape architectural services, through the landscape architect designated as being in responsible charge of the landscape architectural activities and decisions, from the date of issuance until the last day of June next succeeding the date upon which the certificate was issued unless the certificate has been suspended or revoked for cause as provided in section 4703.41 of the Revised Code.

Section 4703.37 | Fees.

• Effective: December 29, 2023
• Latest Legislation: Senate Bill 131 - 134th General Assembly

(A) The Ohio landscape architects board shall establish an application fee for obtaining registration under section 4703.34 of the Revised Code and a fee for obtaining registration under division (A) of section 4703.35 of the Revised Code.

(B) The fee to restore an expired certificate of qualification is the renewal fee for the current certification period, plus the renewal fee for each previous renewal period in which the certificate was not renewed, plus a penalty of twenty-five per cent of the total renewal fees for each renewal period or part thereof in which the certificate was not renewed, on the condition that the maximum fee shall not exceed an amount established by the board.

(C) The board also shall establish the following fees:

(1) The fee for a certificate of qualification or duplicate thereof, as issued to a landscape architect registered under sections 4703.33 to 4703.38 of the Revised Code.

(2) The fee for the biennial renewal of the certificate of qualification and the fee for a duplicate renewal card.

(3) The fee to be charged an examinee for administering an examination to the examinee on behalf of another jurisdiction.

(4) The fee for a certificate of authorization issued under division (F) of section 4703.331 of the Revised Code, the fee for annual renewal of a certificate of authorization, and the fee for a duplicate certificate of authorization.

(5) The fee to cover costs for checks or other instruments returned to the board by financial institutions due to insufficient funds.

Last updated December 29, 2023 at 6:41 AM

Section 4703.38 | Rules to set fees.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

The Ohio landscape architects board shall promulgate rules setting fees in accordance with section 4703.37 of the Revised Code, and governing the application, examination procedure, renewal, revocation, denial, or failure to renew registration in accordance with Chapter 119. of the Revised Code.

Section 4703.41 | Disciplinary actions.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

The Ohio landscape architects board may refuse to register any applicant or refuse to issue a certificate of authorization to any applicant, may refuse to renew the registration of any landscape architect registered under sections 4703.30 to 4703.49 or a certificate of authorization issued under division (F) of section 4703.331 of the Revised Code, or may suspend or revoke the registration of any landscape architect registered under sections 4703.30 to 4703.49 of the Revised Code or a certificate of authorization issued under division (F) of section 4703.331 of the Revised Code, or may fine a person when the registrant, holder of a certificate of authorization, or other person does any of the following:

(A) Has obtained or attempted to obtain registration or a certificate of authorization under sections 4703.30 to 4703.49 of the Revised Code by fraud or material misrepresentation or by false oath or affirmation;

(B) Is impersonating or has attempted to impersonate a landscape architect or a former landscape architect;

(C) Is found by the board to have been guilty of fraud, deceit, or gross negligence in the practice of landscape architecture or in providing landscape architectural services;

(D) Has affixed the registrant's or certificate holder's signature to plans, drawings, specifications, or other professional documents that have not been prepared by the registrant or certificate holder or under the registrant's or certificate holder's immediate and responsible direction, or has permitted the registrant's or certificate holder's name to be used for the purpose of assisting any individual, not a landscape architect, to evade sections 4703.30 to 4703.49 of the Revised Code;

(E) Fails the examination under section 4703.33 of the Revised Code;

(F) Is found by the board to have violated any rule governing the standards for education, experience, services, conduct, and practice or any rule adopted by the board under sections 4703.30 to 4703.49 of the Revised Code;

(G) Fails to comply with any disciplinary sanction issued by the board.

Section 4703.411 | Prohibited acts.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

(A) No person shall do any of the following:

(1) Obtain or attempt to obtain registration or a certificate of authorization under sections 4703.30 to 4703.49 of the Revised Code by fraud or material misrepresentation or by false oath or affirmation;

(2) Impersonate or attempt to impersonate a landscape architect or former landscape architect;

(3) Recklessly engage in fraud, deceit, or gross negligence in the practice of landscape architecture or in providing landscape architectural services.

(B) No registrant or certificate holder shall do either of the following:

(1) Affix the registrant's or certificate holder's signature to plans, drawings, specifications, or other professional documents that have not been prepared by the registrant or certificate holder or under the registrant's or certificate holder's immediate and responsible direction;

(2) Permit the registrant's or certificate holder's name to be used for the purpose of assisting any individual, not a landscape architect, to evade sections 4703.30 to 4703.49 of the Revised Code.

Section 4703.44 | Administrative powers.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

The administrative procedures of the Ohio landscape architects board shall be governed by Chapter 119. of the Revised Code, and the board's authorized representatives may administer oaths, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda, or other information necessary to the carrying out of sections 4703.30 to 4703.52 of the Revised Code.

If a person fails to request a hearing within thirty days after the date the board, in accordance with sections 119.05 and 119.07 of the Revised Code, notifies the person of the board's intent to act against the person under section 4703.41 of the Revised Code, the board, by a majority vote of a quorum of the board members, may take the action against a person without holding an adjudication hearing.

Last updated September 25, 2023 at 11:13 AM

Section 4703.46 | Violations - injunctions.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

(A) The Ohio landscape architects board, upon its own motion or upon the verified complaint in writing of any person, may investigate any alleged violation of sections 4703.30 to 4703.52 of the Revised Code. The board, in its discretion, may disregard any complaint filed more than two years after the act or omission alleged as a violation of those sections.

(B) The board may apply to any court of competent jurisdiction for relief by injunction or restraining order to enjoin or restrain a person, firm, corporation, partnership, limited liability company, or other group or combination of persons from the commission of any act that is prohibited by sections 4703.30 to 4703.52 of the Revised Code or by rules adopted by the board under sections 4703.30 to 4703.49 of the Revised Code that govern the standards of service, conduct, and practice to be followed in the practice of landscape architecture.

Section 4703.49 | Attorney general - prosecutions.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

The attorney general is hereby designated as the legal advisor of the Ohio landscape architects board.

The prosecuting attorney in each of the counties shall prosecute by court action all violations of sections 4703.30 to 4703.52 of the Revised Code occurring in the prosecuting attorney's jurisdiction as may be presented for prosecution by the board or the board's designee.

Section 4703.50 | Depositing receipts.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

All receipts of the architects board and Ohio landscape architects board shall be deposited in the state treasury to the credit of the occupational licensing and regulatory fund.

Section 4703.51 | Fees in excess of statutory amounts.

• Effective: June 20, 2008
• Latest Legislation: Senate Bill 225 - 127th General Assembly

The architects board, subject to the approval of the controlling board and except for fees required to be established by the board at amounts "adequate" to cover designated expenses, may establish fees in excess of the amounts provided in sections 4703.01 to 4703.19 of the Revised Code, provided that such fees do not exceed the amounts specified by these sections by more than fifty per cent.

Section 4703.52 | Effect of child support default on certificate or permit.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

On receipt of a notice pursuant to section 3123.43 of the Revised Code, the architects board and the Ohio landscape architects board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to this chapter.

Section 4703.53 | Compliance with law regarding sanctions for human trafficking.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

The architects board and the Ohio landscape architects board shall comply with section 4776.20 of the Revised Code.

Section 4703.54 | Landscape architect lien definitions.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

As used in sections 4703.54 to 4703.546 of the Revised Code:

(A) "Commercial real estate" and "improvement" have the same meanings as in section 4703.20 of the Revised Code.

(B) "Landscape architect" means an individual, partnership, corporation, or association providing landscape architect services pursuant to this chapter. "Landscape architect" does not include an architect licensed under this chapter.

(C) "Owner" means a person who has a legal or equitable interest in commercial real estate, including a contingent interest, pursuant to an agreement or contract, and who enters into a written contract with a landscape architect for services to be provided with regard to any such interest in the commercial real estate.

Last updated July 14, 2021 at 12:32 PM

Section 4703.541 | Landscape architect lien on commercial real estate.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A)(1) A landscape architect who enters into a written contract for services to be provided with regard to any interest in commercial real estate has a lien on that interest.

(2) The lien shall be effective only if the contract for services is in writing and is signed by the landscape architect and the owner of the interest in commercial real estate.

(B)(1) Only the landscape architect named in the contract shall have a lien pursuant to this section.

(2) A lien is not available to any employee, agent, or independent contractor of the landscape architect.

(C) The amount of the lien shall be limited to the amount due to the landscape architect pursuant to the contract.

(D) The lien shall be effective only against the interest in commercial real estate that is the subject of the contract.

(E) All valid and recorded mechanic's liens arising pursuant to Chapter 1311. of the Revised Code, regardless of recordation date, and all previously recorded mortgages and liens, including judgment liens, take priority over a landscape architect's lien.

Last updated July 14, 2021 at 12:33 PM

Section 4703.542 | Perfection of landscape architect lien.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A) To perfect a lien on commercial real estate referred to in section 4703.541 of the Revised Code, a landscape architect shall file with the county recorder of the county in which the commercial real estate is located an affidavit as described in division (B) of this section.

(B)(1) The affidavit required under division (A) of this section shall include all of the following:

(a) The name of the landscape architect;

(b) The name of the owner of the interest in the commercial real estate;

(c) The name of the record owner of the commercial real estate if different than the owner described in division (B)(1)(b) of this section;

(d)(i) A legal description of the commercial real estate sufficient to reference the instrument by which the record owner took title and the permanent parcel number, if any ;

(ii) Division (B)(1)(d)(i) of this section shall not be construed as requiring a metes and bounds description.

(e) The parties to and date of the contract;

(f) The amount of the landscape architect's claim under the contract;

(g) A statement that the information contained in the affidavit is true and accurate to the knowledge of the landscape architect.

(2) The affidavit shall be signed by the landscape architect and notarized.

(C) Not later than thirty days after recordation, the landscape architect shall serve the recorded affidavit upon all parties listed in the affidavit by such delivery method as provides proof of receipt. Failure to serve shall not invalidate the lien, but a court may consider equitable remedies for such failure.

(D) A county recorder receiving an affidavit filed pursuant to division (A) of this section shall record the affidavit and charge and collect from the person filing the affidavit the fees prescribed in section 317.32 of the Revised Code for the recorder's services.

Last updated July 14, 2021 at 12:33 PM

Section 4703.543 | Enforcement of landscape architect lien.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A)(1) A landscape architect holding a lien that has been perfected pursuant to section 4703.542 of the Revised Code may commence proceedings to enforce a lien by filing a complaint in the common pleas court of the county in which the commercial real estate is located.

(2) The complaint need not initiate foreclosure proceedings on the lien prior to a court determining the validity of the underlying claim.

(B) The landscape architect shall name as defendants in the complaint all parties who have an interest of record in the commercial real estate that is the subject of the lien, including all parties named in the affidavit required under section 4703.542 of the Revised Code.

(C)(1) The landscape architect shall file the complaint within two years of the date of recordation of the affidavit required under section 4703.542 of the Revised Code.

(2) Failure to file a complaint within the time specified shall extinguish the lien.

(D)(1)(a) Any person with an interest in the commercial real estate subject to a lien perfected pursuant to section 4703.542 of the Revised Code may demand, in writing, that the landscape architect commence suit to enforce the lien.

(b) Such a demand shall be commenced by serving the landscape architect and all parties listed in the affidavit required under section 4703.542 of the Revised Code the written demand. Such a delivery may be made by any means that provides proof of receipt.

(2) If the landscape architect does not commence the action within sixty days after receipt of the demand, the lien is extinguished.

Last updated July 14, 2021 at 12:33 PM

Section 4703.544 | Satisfaction and release of landscape architect lien.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A) When a claim underlying a lien perfected pursuant to section 4703.542 of the Revised Code is satisfied, the landscape architect holding the lien shall record a written release of the landscape architect's lien in the county recorder's office of the county in which the lien was recorded.

(B) The landscape architect shall file the lien release for recording within thirty days after the underlying claim is satisfied.

(C) The county recorder shall record the release and charge and collect from the landscape architect the fees set forth in section 317.32 of the Revised Code for the recorder's services.

Last updated July 14, 2021 at 12:34 PM

Section 4703.545 | Landscape architect lien release affidavit.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A) When a claim underlying a lien established pursuant to section 4703.541 of the Revised Code is satisfied, regardless of whether or not the landscape architect holding the lien records a written release pursuant to section 4703.544 of the Revised Code, or when such a lien is extinguished pursuant to section 4703.543 of the Revised Code, any person with an interest in the commercial real estate that was the subject of the lien, or named in the affidavit recorded pursuant to section 4703.542 of the Revised Code, may record an affidavit stating that the underlying claim was satisfied or that the lien was released by operation of law in the county recorder's office of the county in which the commercial real estate is located.

(B) The county recorder shall record the affidavit and charge and collect from the person filing the affidavit the fees set forth in section 317.32 of the Revised Code for the recorder's services.

(C) The fact that a claim underlying a lien is satisfied or that a lien is extinguished by operation of law does not affect any other right or appropriate action, such as for breach of contract.

Last updated July 14, 2021 at 12:34 PM

Section 4703.546 | Substitution of financial security for landscape architect lien.

• Effective: September 30, 2021
• Latest Legislation: Senate Bill 49 - 134th General Assembly

(A) Any person with an interest in commercial real estate on which a lien has been perfected pursuant to section 4703.542 of the Revised Code, or named in the affidavit required under that section, may apply to the common pleas court of the county in which the commercial real estate is located to substitute financial security for the lien.

(B) The substitute security shall be in the amount equal to the landscape architect's claim, and in a form such as an escrow account or surety bond held by the clerk of courts or other party as determined adequate by the court.

(C) The court, in its entry approving the substitute security, shall direct the release of the lien.

(D)(1) The person substituting the security shall file the entry and release for recording in the office of the county recorder of the county in which the commercial real estate is located.

(2) The county recorder shall record the entry and release and charge and collect from the person filing the entry and release for recording the fees set forth in section 317.32 of the Revised Code for the recorder's services.

Last updated July 14, 2021 at 12:35 PM

Section 4703.99 | Penalty.

• Effective: December 19, 2013
• Latest Legislation: Senate Bill 68 - 130th General Assembly

(A) Whoever violates division (A) of section 4703.18 or section 4703.411 of the Revised Code is guilty of a misdemeanor of the third degree; for each subsequent offense such person is guilty of a misdemeanor of the first degree.

(B) Whoever violates section 4703.32 of the Revised Code shall be fined not less than fifty nor more than two hundred dollars for the first offense; for each subsequent offense such person shall be fined not less than two hundred nor more than five hundred dollars.