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Kansas Bill Redefines Architecture, Engineering and Landscape Architecture Practices06-04-14 | News

Kansas Bill Redefines Architecture, Engineering and Landscape Architecture Practices

Why is this man smiling? Under the new Kansas statute signed by Gov. Sam Brownback, which takes effect July 1, 2014, engineers and landscape architects can no longer prepare "designs, drawings, specifications and other technical submissions," as that is specifically identified as the province of architects. If you wish to voice you opinion of this statute, you can call the governor's office toll free at (877) 579-6757. Note: Emailing the governor is not convenient, as he only has a "fill in the boxes" submit email form.

Kansas Governor Sam Brownback, a Republican, signed Senate Bill 349 into law on April 18, 2014. The bill, which goes into effect July 1, updates the state's licensing statutes for architects, engineers, landscape architects, surveyors, and geologists.

The bill revises the definition of each technical profession, and spells out a 9-point list of "common technical services" that the aforementioned Kansas-licensed professional groups may each provide to clients:

The "Common Technical Services"

Representation of clients in connection with contracts entered into between clients and others;

Coordination of elements of technical submissions prepared by the licensee's consultants;

Administration of contracts for construction;

Observation of construction for general conformance with requirements of approved construction documents or technical submissions prepared by a licensee;

Performing acts of consultation and technical investigation;

Providing expert technical testimony or testimony evaluation;

Performing technical evaluations and research;

Teaching in a college or university offering an accredited technical professional curriculum recognized by the board; and

Providing responsible supervision of these services, insofar as such services involve safeguarding the health, safety, property and welfare of the public.

Thus, under the statute, the practice of landscape architecture "shall not include those services specifically identified in the definition of "architecture,' "professional engineering,' "professional geology' and "professional surveying,' except for those services which are included in the "common technical services'' (above).

As the statute states the scope of architecture includes "preparing or providing designs, drawings, specifications and other technical submissions," that means the other board professionals, e.g., engineers and landscape architects, cannot prepare or providing designs, drawings, specifications and other technical submissions.

Attorneys Foulston Siefkin and Wyatt Hoch of Foulston & Siefkin, note: ""?(R)?this exclusivity provision wreaks further havoc on the practices of Kansas engineers and landscape architects." That exclusivity also negatively impacts some current practices of architects, observe the attorneys. The revised definitions of engineering and landscape architecture specifically include, and therefore place beyond the practice of architects:

preparation, review, and analysis of master plans for land use and development;
production of overall site development and "land enhancement" plans;
grading and drainage plans; and
design of land forms and nonhabitable structures such as pools, walls, and structures for aesthetic and functional purposes.

The attorneys state the statutory changes will basically require greater involvement of consultants on Kansas construction projects. The attorneys further state the statutory revisions do not clarify whether a builder in
Kansas, for instance, can undertake a design-build contract and subcontract the design services to a licensed architect or engineer.

In addition to the "common technical services" under the Kansas statute, the practice of landscape
architecture includes:

consultation, planning, designing or responsible supervision in connection with the development of land areas for preservation and enhancement;

development of sustainable designs and technology; preparation, review and analysis of master plans for land use and development;

production of overall site development and land enhancement plans, grading and drainage plans, irrigation plans, planting plans and construction details;

specifications, cost analysis and reports for land development;

and the designing of land forms and nonhabitable structures for aesthetic and functional purposes, such as pools, walls and structures for outdoor living spaces, for public and private use.

The practice of landscape architecture also encompasses the determination of proper land use as it pertains to: natural features; ground cover, use, nomenclature and arrangement of plant material adapted to soils and climate; naturalistic and aesthetic values; settings and approaches to structures and other improvements; soil conservation; erosion control; and the development of outdoor space in accordance with ideals of human use and enjoyment.