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FREQUENTLY
ASKED QUESTIONS
Continuing Education
Firm Certificates of Authorization
Registration by Examination
Registration Numbers
Registration by Reciprocity
Sealing of Construction Drawings/Electronic Seals
and Signatures
Continuing Education
Q.
How did this new requirement come about?
A. Ohio Governor Bob Taft signed House Bill 322 into law on February
15, 2005.
Q.
When did the requirement go into effect?
A. For landscape architects, the first renewal period affected
began on November 1, 2005 and ended on October 31, 2007.
Q.
Who is required to earn Continuing Education?
A. All Ohio registered landscape architects.
Q.
How many Continuing Education units will be required?
A. Twenty four (24) contact hours every two year renewal period.
Q.
Are retired or inactive landscape architects required to complete
the Continuing Education requirement?
A. Yes, anyone with a current license must fulfill the requirement.
Q.
Are interns and individuals in the process of taking the registration
exam (LARE) required to complete the Continuing Education requirement?
A. No.
Q.
What is a contact hour?
A. A contact hour is at least fifty (50) minutes of instruction
time.
Q.
Are self-reported activities accepted?
A. Yes, but keep in mind that some state boards do not accept
self-reported activities.
Q.
Are landscape architects required to submit proof of continuing
education with their renewal forms?
A. No, but written records of all coursework should be retained
for the current and prior renewal periods in the event of an audit.
Q.
How will completion of the requirement be verified?
A. Audits will be conducted on a random basis beginning November
1, 2007. Landscape architects selected for audit will be notified
in writing.
Q.
What types of activities will be accepted?
A. Activities that increase the registrant's knowledge and understanding
of technical or professional subjects and that contribute directly
to the improvement of the registrant's professional knowledge
and competence. Teaching and publishing, with certain limitations,
is also acceptable. Please read the Continuing Education rules
for details.
Q.
Who are acceptable providers of continuing education coursework?
A. Seminars approved by the American Society of Landscape Architects,
American Institute of Architects, American Planning Association,
Construction Specifications Institute, CENTS, their affiliated
sections/chapters, and many similar professional organizations
will be accepted. Also accepted are CLARB C2Ed courses, NCARB
monologues, and classes offered by universities or colleges. The
list of acceptable providers is too numerous to list. Please call
the board with specific questions.
Q.
What if the requirement is not met?
A. The board may propose discipline which could result in a fine,
reprimand, suspend, or revocation of the license.
Q.
How should landscape architects keep track of their Continuing
Education courses?
A. Registrants should request Certificates of Completion from
program sponsors. The board offers an optional spreadsheet on
its website. The American Institute of Architects offers a service
that maintains continuing education records for non-members. There
is a fee. For information about the service, contact Thom Lowther,
Senior Director, AIA/CES at tlowther@aia.org
or 202-626-7478.
Q.
Are there any exemptions?
A. The following individuals may be exempt from the requirement:
- New
licensees are exempt from the requirement during the first
renewal period in which they are admitted to practice in the
State of Ohio. This includes registrants by examination or
reciprocity but does not include any applications approved
for reinstatement or restoration. Additional requirements
may be imposed by the board upon applicants for reinstatement
or restoration.
- A
landscape architect who is on full time duty, or temporarily
called up for active duty, in the United States military service,
where such activity restricts participation in continuing
education activities.
- A
landscape architect registered in another state with a mandatory
continuing education requirement, provided the jurisdiction
accepts Ohio's continuing education requirements.
- Individuals
with a physical disability or illness, and who supply proper
documentation to the Board.
Q.
How are CEU's translated into contact hours?
A. One continuing education unit (CEU) equals 10 contact hours.
Therefore, .1 CEU equals one contact hour, .2 CEU's equals two
contact hours, and so on.
Q. How are college credits translated into clock hours?
A. One semester hour of college-level course work equals 15 contact
hours. One hour in a school on a quarterly schedule equals 10
contact hours.
Q. Can CE credits earned prior to 11/1/2005 be used to meet
the requirement?
A. No, only hours earned after November 1, 2005 can be used.
Q. Can credits be carried forward from renewal period to another?
A. Yes. Up to 12 hours of excess credit may be carried forward
from renewal period to another.
Q. What information should be included on a Certificate of
Completion?
A. A Certificate of Completion should contain the following information:
- Title
of the course or program and any identification number assigned
to it by the provider
- A
brief description of the subject matter covered
- Number
of hours completed
- Provider
name and contact information
- Name
of the attendee
- Name
and original signature of the provider
- Date
and location of the program or course.
- Proof
of completion must be retained for four years.
Q.
What types of activities are accepted?
A. These are just some examples:
- Classes
or seminars offered by universities or colleges
- Seminars
taught by CLARB, ASLA, or AIA approved providers
- Seminars
offered by related industry organizations such as the ASLA,
NCARB, CSI, and APA, as well as their state and local chapters
- Teaching
professional topics on a part time basis is limited to no
more than 50% of the total requirement
- Publishing
articles or books on professional topics is limited to no
more than 50% of the total requirement.
- Professional
service to a public entity to which the landscape architect
is appointed due to his or her professional expertise such
as: planning, code or design review boards. A maximum of eight
hours of credit may be claimed.
- Certain
types of community service do not qualify for any CE credit:
e.g., boards of professional associations such as ASLA or
APA and church building committees.
- Service
on LARE exam writing committees qualifies for CE credit.
Q.
Where can continuing education courses be found?
A.
Here are some places to find CE programs:
- Universities
and colleges
- CLARB,
ASLA, AIA, or CSI websites
- Lunch
and learn programs at firms
- NCARB
self-study monographs
- Seminars
offered by the State Architect's Office
- Board
of Building Standards and other code related organizations
- Industry
organizations, such as the Builders Exchange
- The
AIA maintains a database of CE programs on their website at
www.aia.org/ces
- Many
free courses are available on the internet. Visit the websites
of product manufacturers/vendors, such as, Certainteed Roofing
http://www.certainteed.com or Ron Blank
www.ronblank.com.
- Other
online courses are available, for a fee, from organizations
such as the ASLA, US Green Building Council, or at http://redvector.com/
or http://pdhcenter.com/
Q.
Are retired landscape architects required to complete the Continuing
Education requirements?
A. Yes, anyone with a current license must fulfill the requirement.
At this time, there is no Emeritus status for landscape architects
in Ohio.
Q. Are Continuing Education credits required in order to reinstate
a lapsed (or inactive) license?
A. Yes. Any licensee who has been lapsed for more than the current
renewal period must document having earned at least 24 hours in
the two years prior to reinstatement.
Firm Certificates of Authorization
Q. What must landscape architecture firms do to offer or provide
services in the state of Ohio?
A. All firms, except an unincorporated sole proprietorship, are
required to hold a Certificate of Authorization from the Board.
Q. What is required prior to obtaining a Certificate of Authorization?
A. All
corporations, limited liability companies, and professional associations
must first register to do business in the state of Ohio with the
Ohio Secretary of State and provide the Board with a copy of the
Certificate. Out of state partnerships must also register with
the Secretary of State.
Q. Are there ownership requirements in Ohio?
A. Yes, firms must meet the following ownership requirements:
General Corporations
More
than 50% of the shareholders must be registered in Ohio as Architects,
Landscape Architects, Professional Engineers or Land Surveyors.
The
licensed persons in the firm must hold more than 50% of the
stock issued by the corporation.
At
least one landscape architect shall be designated as being in
responsible charge of the firm’s landscape architecture activities
and decisions.
At
least one designated landscape architect shall be a member of
the corporation’s board of directors.
More
than 50% of the members of the board of directors must be registered
in Ohio as Architects, Landscape Architects, Professional Engineers
or Land Surveyors. The licensed members of the board of directors
must hold a majority of the stock issued.
Professional
Associations
The
requirements for incorporation under this designation specify
that all shareholders be licensed in Ohio as Architects, Landscape
Architects, Professional Engineers, or Land Surveyors.
At
least one Landscape Architect must be a shareholder in order
for the association to provide landscape architecture services.
Partnership
More
than 50% of the members must be registered in the state of Ohio
as Architects, Landscape Architects, Professional Engineers,
or Land Surveyors.
The
licensed persons in the firm must hold more than 50% of the
interest in the partnership.
At
least one Landscape Architect shall be designated as being in
responsible charge of the partnership’s landscape architecture
activities and decisions.
Limited Liability
Company
More
than 50% of the members must be registered in Ohio as Architects,
Landscape Architects, Professional Engineers or Land Surveyors.
The
licensed persons in the firm must hold more than 50% of the
interests in the company.
At
least one Landscape Architect shall be designated as being in
responsible charge of the firm's architectural activities and
decisions.
At
least one designated Landscape Architect shall be a member of
the company’s managers.
More
than 50% of the members of the board of directors must be registered
in Ohio as Architects, Landscape Architects, Professional Engineers,
or Land Surveyors.
Q.
What is a Sole Proprietorship?
A.
A sole proprietorship is a company with one owner that is not
registered with the state as a limited liability company (LLC)
or a corporation. In some states, a sole proprietorship is referred
to as a DBA (doing business as), as in "José Smith, doing
business as Smith Heating and Air Conditioning."
Establishing
a sole proprietorship is cheap and relatively uncomplicated. You
don't have to file any papers to set it up -- you create a sole
proprietorship just by going into business. In other words, if
you'll be the only owner of the business you're starting; your
business will automatically be a sole
proprietorship, unless you incorporate it or organize it as an
LLC.
A
sole proprietorship, or simply proprietorship, is a type of business
entity which legally has no separate existence from its
owner. Hence, the limitations
of liability enjoyed by a corporation and limited liability partnerships do not apply to sole proprietors.
All debts of the business are
debts of the owner. It is a "sole" proprietor in the
sense that the owner has no partners.
A
sole proprietorship essentially means a person does business in their
own name and there is only one owner. A sole proprietorship is
not a corporation; it does not pay corporate taxes, but rather
the person who organized the business pays personal income taxes on the profits made, making accounting much simpler. A
sole proprietorship need not worry about double taxation like
a corporate entity would have
to.
Most
sole proprietors will register a trade name or "Doing Business As". This
allows the proprietor to do business with a name other than his
or her legal name and also allows the proprietor to open a business
account with banking institutions.
Q.
What is a Corporation?
A.
What sets the corporation apart from all other types of businesses
is that a corporation is an independent legal entity, separate
from the people who own, control, and manage it. In other words,
corporation and tax laws view the corporation as a legal "person"
that can enter into contracts, incur debts, and pay taxes apart
from its owners. Other important characteristics also result from
the corporation's separate existence: A corporation does not dissolve
when its owners (shareholders) change or die, and the owners of
a corporation have limited liability -- that is, they are not
personally responsible for the corporation's debts.
Q.
What is a Limited Liability Company?
A
limited liability company, commonly called an "LLC,"
is a business structure that combines the pass-through taxation
of a partnership or sole proprietorship with the limited liability
of a corporation.
Like
owners of partnerships or sole proprietorships, LLC owners report
business profits or losses on their personal income tax returns;
the LLC itself is not a separate taxable entity. Like owners of
a corporation, however, all LLC owners are protected from personal
liability for business debts and claims -- a feature known as
"limited liability."
This
means that if the business owes money or faces a lawsuit for some
other reason; only the assets of the business itself are at risk.
Creditors usually can't reach the personal assets of the LLC owners,
such as a house or car. (Both LLC owners and corporate shareholders
can lose this protection by acting illegally, unethically, or
irresponsibly.)
A
limited liability company (denoted by L.L.C. or LLC) in the law
of many of the United States is a legal form
of business company offering limited liability to its owners.
It is similar to a corporation,
and is often a more flexible form of ownership, especially suitable
for smaller companies with a limited number of owners.
Unlike
a regular corporation, a limited liability company with one member
may be treated as a disregarded entity, so the member is often
singled-out as a person performing the actions of the LLC.
A
limited liability company with multiple members may choose, generally
at the time that the new entity applies for a US federal taxpayer
ID number, to be treated for U.S. federal taxation purposes as a partnership, as a C Corporation, or as an S corporation. An LLC can
elect to be either "member managed" or "manager
managed."
For
these reasons, many people say the LLC combines the best features
of the partnership and corporate business structures.
Q.
What is a Partnership?
A.
A partnership is a business owned by two or more people that haven’t
filed papers to become a corporation or a limited liability company
(LLC). You don't have to complete any paperwork to create your
partnership -- the arrangement begins as soon as you start a business
with another person.
Although
the law doesn't require it, many partners work out the details
of how they will manage their business in a written partnership
agreement. If you don't create a written agreement, the partnership
laws of your state will govern your partnership.
Partnerships
are often favored over corporations for taxation
purposes, as a partnership structure eliminates the dividend tax levied upon profits
realized by the owners of a corporation.
The
most basic form of partnership is a general
partnership, in which all partners manage the business
and are personally liable for its debts. Two other forms which
have developed in most countries are the limited
partnership (LP), in which certain "limited partners"
relinquish their ability to manage the business in exchange for
limited liability for the
partnership's debts, and the limited liability partnership (LLP), in which all partners have
some degree of limited liability.
Q.
How should I set up my company?
A.
Neither the Architects Board or Secretary of State may advise
you on how to form a Corporation, a Limited Liability Company,
or any form of company. The Secretary of State suggests that you
consult with an attorney who can properly advise you.
Q.
Who must I notify to do business in the state of Ohio?
A.
Anyone who is planning to do business within the state of Ohio,
using a name other than their own personal name, must register
with several state agencies: this Board, the Secretary of State
and the Ohio Department of Taxation.
Sole
Proprietorships are not required to register with the Secretary
of State. This applies to companies in Ohio and companies in other
states or countries wishing to do business in the State of Ohio.
Companies outside the State of Ohio usually have to include a
Certificate of Good Standing from the Secretary of State or registering
authority in their home state.
Q.
Who do I notify to change information in the records of the Secretary
of State?
A.
Depending on what is changing, and how much is changing, you can
file one of the various
amendment forms available. A minor or single change is often
done through an amendment. If several changes are involved, Amended
and Restated Articles are usually filed. You also need to notify
the Board and the Ohio Department of Taxation.
Q.
Whom do I need to notify when a corporation is dissolved or when
surrendering a license?
A.
Yes, when you dissolve or surrender, notify the Board in writing.
If you cease doing business, you should file the dissolution form
appropriate for the type of business (i.e., Corporation, Limited
Liability Company) with the Secretary of State. Obtain and file
the proper form with Ohio Dept of Taxation.
Registration by Examination
Q. Can a candidate who does not have an accredited degree sit
for the exam?
A.
No, an accredited degree has been required since July 23, 2002.
Q.
When can candidates start taking the exam?
A.
Candidates who have an accredited degree may sit for the LARE
before completing the experience requirement.
Q.
How many years of experience are required for licensure?
A.
Three years of experience are required, and must be completed
before registration is issued.
Q. Are foreign educated candidates eligible to sit for the examination?
A. Foreign educated candidates must have their education evaluated
to determine if it meets the US equivalent. If it does not, you
will need to supplement your education to meet US standards.
Registration
Numbers
Q.
Which registration or license number should a landscape architect
use?
A.
The landscape architect’s registration, or license number, contains
three parts: the credential type, the prefix LA. and the year
the license was issued (expressed as a two digit number: 77 =
1977) and a unique five digit license number (such as 12345).
For
example, an landscape architect whose initial license is number
12345, and issued in the year 1977, will appear on the state License
Verification web site as LA.7712345.
License
numbers may also appear as 77-12345 or 12345. Embossed seals contain
only the five-digit registration number. The use of any of these
combinations is acceptable to the Board.
Registration by Reciprocity
Q. Can applicants without CLARB Certification apply directly
to Ohio for reciprocal registration?
A. A CLARB Certificate is always required for registration by
reciprocity in Ohio.
Q.
Does CLARB Certification insure reciprocal licensure in the state
of Ohio?
A.
Not always. The candidate must also meet Ohio’s requirements at
their original time of licensure.
Q.
How long does it take for a reciprocal license to be issued?
A.
Once all documents have been received, applications are usually
processed with two to three business days.
Sealing of Construction Drawings/Electronic
Seals and Signatures
Q.
Are electronic seals and electronic signatures permitted in Ohio?
A. Yes.
Q.
Are building departments required to accept all types of seals,
including embossed, rubber stamp, or electronic?
A.
Building departments are not required to accept electronically
sealed plans, and may continue to require wet signatures and embossed
seals. Check with the local building department to see if they
are capable of accepting electronic documents and what types of
seals are accepted.
Q.
Must plans and documents be sealed on every page?
A.
While the Board no longer requires sealing of every page, a building
department can still require sealing of every page in addition
to wet signatures.
Q.
If a firm has more than one Principal Landscape Architect registered
in Ohio, do all of their names need to be on each drawing that
is signed/sealed?
A. No, only the landscape architect who is in responsible charge
of the project should seal the documents.
Q.
Can drawings be sealed under a "Company/Corporate Seal"
rather then the individual seal of the Landscape Architect who
actually prepared the drawings?
A. Company or Corporate seals are not permitted in Ohio. Landscape
Architects must seal their own work.
Q.
Can an landscape architect make a complete, comprehensive review
of drawings designed by an unlicensed person and seal them if
he agrees to take responsibility?
A. NO. An landscape architect must have immediate and responsible
direction of the designs from inception to completion before applying
their seal.
Q.
Can a landscape architect work or subcontract with, an unlicensed
draftsperson to provide drafting services?
A. Yes, provided the landscape architect has fiduciary responsibility
to the client for the project, has immediate and responsible direction
of the designs from inception to completion. The unlicensed draftsperson
cannot provide lead design services. The landscape architect's
license number, name, address, and phone number should be prominently
displayed on the documents.
Q.
Can an landscape architect seal drawings that have been authored
by another licensed landscape architect?
A. Yes, but only if the sealing landscape architect has obtained
written permission from the originating, licensed landscape architect
for the use of the drawings, and makes a complete, comprehensive
review of the drawings. The drawings should reflect the sealing
architect's title block.
Q.
Can a landscape architect seal manufacturer's cut sheets, equipment
or shop drawings or performance specs?
A. No, as a general rule, if the landscape architect did not prepare,
design, create or author the work, it should not be sealed.
Q:
Are there any situations under which a landscape architect can
seal the documents of an unlicensed person?
A: No. Such a practice constitutes plan stamping, and is considered
"aiding and abetting".
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