Bill 3515

                    Current Status

Bill Number:               3515
Ratification Number:       491
Act Number:                421
Introducing Body:          House
Subject:                   Relating to landscape architects

(A421, R491, H3515)

AN ACT TO AMEND ACT 698 OF 1976, AS AMENDED, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO CHANGE THE DEFINITION OF LANDSCAPE ARCHITECTURE, PRIMARILY TO ALLOW DESIGN OF DRAINAGE STRUCTURES AND SYSTEMS AND THE CERTIFICATION OF PLANS AND DESIGNS; TO PROVIDE THAT THE MEMBERS OF THE ADVISORY COUNCIL TO THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION MAY RECEIVE COMPENSATION AS PROVIDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; AND TO DELETE A PROVISION RELATIVE TO LICENSING OF A LANDSCAPE ARCHITECT WHICH IS NO LONGER APPLICABLE.

Be it enacted by the General Assembly of the State of South Carolina:

Definition

SECTION 1. Item (b) of Section 1 of Act 698 of 1976 is amended to read:

"(b) 'Landscape architecture' means the performance of professional services, such as consultation, investigation, research, planning, design, preparation of drawings and specifications, and responsible inspection in connection with the development of land areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement, or determination of proper site design, natural land features, planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, the setting of grades and determining drainage and providing for drainage structures, and the consideration and determination of environmental problems. This practice shall include the design of such tangible objects, drainage structures and systems, and features as are incidental and necessary to an overall or ongoing landscape plan and site design, and the landscape architect may certify the design of the tangible objects, drainage structures and systems, features as to structural soundness and as to compliance with all requirements and standards of any government or subdivision thereof. This practice does not include the design of structures, drainage structures and systems, and features which are not incidental and necessary to an overall landscape design and plan and which have separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture; and does not include the making of land surveys or final plats for official approval or recordation. Nothing contained herein shall preclude a duly licensed landscape architect from performing any of the services described in the first sentence of the subsection in connection with the settings, approaches, or environment for buildings, structures, or facilities. Nothing contained in this chapter may be construed as authorizing a landscape architect to engage in the practice of architecture, engineering, or land surveying as these terms are defined in Section 15 of this chapter, except that a landscape architect may prepare and certify all design, grading, drainage, and construction plans for roads and site-related projects which are incidental and necessary to an overall or ongoing landscape plan and site design."

Members of council to receive compensation

SECTION 2. Section 5 of Act 698 of 1976 is amended to read:

"Section 5. Each member of the council may receive an amount as provided for in the annual General Appropriations Act for each day actually and reasonably engaged in the services of the board and must be reimbursed for all actual traveling, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this chapter. These expenses must be paid from general appropriations to the board."

Exemption from examination

SECTION 3. Section 12 of Act 698 of 1976 is amended to read:

"Section 12. Examinations must be offered at least annually, the time and place to be established by the board.

The board may exempt from examination an applicant who holds the license or certificate to practice landscape architecture issued to him upon examination by a legally-constituted board of examiners of any other state or the District of Columbia, or any other territory or possession under the control of the United States; provided, that the requirements of the state in which the applicant is registered are equivalent to those of this State."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.