4 Colo. Code Regs. § 729-1.4

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 729-1.4 - Abbreviations and Definitions

This Rule is promulgated pursuant to sections 12-20-204, 12-130-104, and 12-130-107(1)(a), C.R.S. Terms defined in Titles 12, Article 130, C.R.S., and the use in these Rules shall have the same meaning as set forth in the Rules.

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.

4 CCR 729-1.4

45 CR 16, August 25, 2022, effective 9/14/2022

45 CR 23, December 10, 2022, effective 12/30/2022