A.
Abbreviations
1.
ABET- Accreditation Board for
Engineering and Technology
2.
CLARB- The Council of Landscape
Architectural Registration Boards or its successor
3.
C.R.C.P.- Colorado Rules of Civil
Procedure
4.
C.R.S.-
Colorado Revised Statutes
5.
NALP- National Association of Landscape Professionals
6.
LAAB- The Landscape Architectural
Accreditation Board
7.
L.A.R.E- The current Landscape Architect Registration Examination,
prepared by CLARB
8.
NAAB- National Architectural Accreditation Board
B.
Definitions in
Alphabetical Order
1.
Act.
The "Act" shall refer to the Landscape Architects Professional Licensing
Act, Title 12, Article 130, C.R.S.
2.
Advertisement. The attempt by
publication, dissemination, solicitation, or circulation, whether by visual,
oral, electronic, or written means, to induce, directly or indirectly, any
person to enter into an agreement for the professional services of a landscape
architect.
3.
Core Area of
Knowledge. See definition of the Practice of Landscape
Architecture.
4.
Direct
Supervision. That degree of supervision by a person overseeing the work
of another, where both work in the same office in circumstances where personal
contact is routine, and the supervisor has both control over and detailed
professional knowledge of the work prepared under his or her
supervision.
5.
Educational
Coursework. An academic year consists of thirty-two semester hours or
forty-eight quarter hours. Academic experience is earned and credited for the
purpose of these Rules but half-year increments. Educational credit is not
earned where the individual has failed to earn a grade of "C" or better in a
given course.
6.
Exemptions
The Board interprets the language of section
12-130-117, C.R.S., as
follows:
a. The practice of
architecture, professional engineering, and professional land surveying as
defined in Title 12, Article 120, C.R.S., is exempt by sections
12-130-117(1)(a), (b) and
(c), C.R.S., respectively; pursuant to
section 12-130-112(2)(o),
C.R.S., however, architects, professional engineers, and professional land
surveyors are subject to disciplinary or other action if they hold themselves
out as a licensed landscape architect or employ any title restricted by these
Rules or Title 12, Article 130, C.R.S., without being licensed as a landscape
architect.
b. The exemption for
"residential landscape design", as referenced in section
12-130-117(1)(d),
C.R.S., does not include common area landscape design. The Board may, at its
discretion, exercise jurisdiction over the practice of landscape architecture
as it affects any common area.
c.
"Landscape installation and construction services", under section
12-130-117(1)(f),
C.R.S., shall not be construed to include design services. Design-build
practice and similar forms of design service delivery, including shop drawings
associated with construction documents, are generally subject to the
jurisdiction of the Board.
d.
Employees of the United States government are only exempt under Section
12-130-117(4),
C.R.S., when acting in the employ of the United States government and
discharging their official duties.
7.
Practical Experience. All
practical experience or training shall meet the Board's approval. So long as it
is not inconsistent with these Rules, the Board may use standards developed by
CLARB as a guide for determining the adequacy of practical experience or
educational equivalents.
8.
Practice of Landscape Architecture. The Board interprets the
language of Section
12-130-104(6)(a),
C.R.S. to include, but not be limited to, the following substantive knowledge
and skills.
Core areas of knowledge within the practice of landscape
architecture are generally those identified by the Landscape Architecture Body
of Knowledge (LABOK, as developed by CLARB, the American Society of Landscape
Architects and other affiliated professional groups), and specifically includes
those areas tested on the competency examination, the Landscape Architect
Registration Examination (L.A.R.E.). Core areas of knowledge tested on the
L.A.R.E. consist of Project and Construction Administration; Inventory Analysis
and Program Development; Site Design; Design and Construction Documentation;
and Grading, Drainage, and Stormwater Management.
The practice of landscape architecture includes designs,
plans, specifications, and contract administration for improvements to public
and private property that influence the safety, security, and effective
functioning of the built and natural environment. Plan review and other expert
services may constitute the practice of landscape architecture, provided
special competence in the profession's core areas of knowledge must be applied
in the individual's practice.
The practice of landscape architecture includes construction
observation of site landscape improvements to evaluate compliance with
construction documents, as contemplated by Section
12-130-104(6)(a)(III),
C.R.S.
9.
Principal. A licensee who is a sole proprietor, or a partner in a
partnership, or an officer or director of a corporation, or a member of a
limited liability company, any of which is engaged in the practice of landscape
architecture.
10.
Record
Set. A Record Set is a complete set of contract documents that is
identified by the licensee's and consultants original stamps, signatures, and
dates.
11.
Reproduction
Drawing. Any copy of an original document.
12.
Supervision of Landscape
Architecture. The Board shall interpret "supervision" of landscape
architecture as follows:
"Supervision" of landscape architecture shall mean that
degree of control a landscape architect is required to maintain over landscape
architectural decisions made personally or by others over which the landscape
architect exercises supervisory direction and control authority.
a. The degree of control necessary for a
landscape architect to be in supervision shall be such that the landscape
architect:
(1) Personally makes landscape
architectural decisions, or personally reviews and approves proposed decisions
prior to their implementation, including consideration of alternatives whenever
landscape architectural decisions that could affect the life, health, property,
and welfare of the public are made. In making said landscape architectural
decisions, the landscape architect shall be physically present or, through the
use of communication devices, be available in a reasonable period of time as
appropriate.
(2) Judges the
validity and applicability of recommendations prior to their incorporation into
the work, including the qualifications of those making the
recommendations.
b.
Landscape architectural decisions that are made by, and are the responsibility
of, the practicing landscape architect in supervision are those decisions
concerning permanent or temporary work that could create a danger to the life,
health, property, and welfare of the public, such as, but not limited to, the
following:
(1) The selection of landscape
architectural alternatives to be investigated and comparison of alternatives
for landscape architectural works.
(2) The selection or development of design
standards or methods, and materials to be used.
(3) The selection or development of
techniques or methods of testing to be used in evaluating materials or
completed works, either new or existing.
c. As a test to evaluate whether a landscape
architect is in supervision, the following must be considered. A landscape
architect who signs and seals landscape architectural documents must be capable
of answering questions as to the landscape architectural decisions made during
the landscape architect's work on the project in sufficient detail as to leave
no reasonable doubt as to the landscape architect's proficiency for the work
performed. It is not necessary to defend decisions as in an adversarial
situation, but only to demonstrate that the landscape architect in supervision
made them and possessed sufficient knowledge of the project to make them.
Examples of questions to be answered by the landscape architect could relate to
criteria for design, methods of analysis, selection of materials and systems,
economics of alternate solutions, and environmental considerations. The
individual should be able to clearly define the degree of control and how it
was exercised and be able to demonstrate that the landscape architect was
answerable within said degree of control necessary for the landscape
architectural work done.
d. The
term "supervision" does not refer to financial liability.
e. A practicing landscape architect who
adopts, signs, and seals landscape architectural work previously produced shall
perform sufficient review and calculation to ensure that all standards of
practice required of licensees are met, including satisfying the relevant
criteria stated in paragraphs (b) and (c) above, and shall take professional
and legal responsibility for documents signed and sealed under his/her
supervision.
13.
Signature. The term "signature" shall include the terms "manual
signature" and "electronic signature" and shall be defined as follows.
a. Manual Signature. A manual signature is
the handwritten name of a person applied to a document that identifies the
person, serves as a means of authentication of the contents of the document,
provides responsibility for the creation of the document and provides for
accountability for the contents of the document.
b. Electronic Signature. An electronic
signature is a digital authentication process attached to or logically
associated with an electronic document and shall carry the same weight,
authority, and effects as a manual signature. The electronic signature, which
can be generated by using either public key infrastructure or signature
dynamics technology, must be as follows.
(1)
Unique to the person using it.
(2)
Capable of verification.
(3) Under
the sole control of the person using it.
(4) Linked to a document in such a manner
that the electronic signature is invalidated if any data in the document are
changed.
