Who regulates landscaping work in Ohio
Ohio licenses construction contractors by trade, and landscaping is not one of the trades. The Revised Code defines the license the Ohio construction industry licensing board issues as a license to an individual as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor. That is the entire list. A planting crew, a paver and retaining wall builder, a grading and drainage outfit or a lawn care route does not appear in it, so there is no state landscaping contractor license to apply for and none to put on a truck. The chapter still has teeth in one direction. No person shall act as or claim to be a type of contractor that the chapter licenses unless that person holds or has been assigned a license for it, and the attorney general may bring a civil action for relief, including a temporary restraining order or permanent injunction, at the request of the appropriate specialty section of the board. A landscaping company that starts altering plumbing systems or wiring on a commercial site can cross that line quickly. What actually governs Ohio landscaping work sits somewhere else: the title protection statute for landscape architects, the Department of Agriculture rules for pesticide application and for selling nursery stock, the drinking water rules that control irrigation connections, and municipal contractor registration. Each of those is a real permission with a real number on it. None of them is a general landscaping license. A homeowner who asks for your Ohio landscaping license number is asking for a document the state does not issue, and saying so plainly beats improvising.
Sourcescodes.ohio.gov
Landscape architect is a protected title in Ohio
Ohio does register one profession inside this trade. The Revised Code creates the Ohio landscape architects board, five members appointed by the governor to five year terms, three of whom must have been registered landscape architects for at least five years before appointment, one from another licensed design profession and one representing the public. The board uses the physical facilities and administrative staff of the architects board for its administrative duties. The statute defines the practice of landscape architecture broadly. It covers preparation of master, site and comprehensive development plans, feasibility and site selection studies, and supervision of the execution of projects on them, where the dominant purpose involves determination of proper land and water uses, natural land features, ground cover and plantings, the settings and approaches for buildings, erosion and sediment control, the shaping and contouring of land and water forms, the determination of grades, and surface and ground water drainage where no structural design of system components or hydraulic analysis of the receiving storm water conveyance system is required. It also covers roadways and parkways, bicycle and pedestrian circulation systems, sidewalks, parking, planting, pools and irrigation systems, plus construction observation and project coordination. It stops short of the design of habitable structures, streets and highways, utilities, storm and sanitary sewers, and water and sewage treatment facilities, and it does not include surveying. The practice and the title both require registration. Reading that definition carefully is how a landscaping firm figures out where its own drawings end and a registered professional has to sign.
Sourcescodes.ohio.gov
What Ohio lets you advertise yourself as
This is the part that matters for a company trying to win work. The title statute says no person shall engage in the practice of landscape architecture or use the title landscape architect, professional landscape architect, or registered landscape architect, or any title, sign, card, or device indicating or tending to indicate that the person is one, unless registered. It goes further and bars assuming a title or using any abbreviation, words, letters, or figures to indicate or imply registration. So abbreviations on a business card are inside the prohibition, not outside it. The same section then lists what you may keep using. The statute does not affect the right of any individual to engage in growing or marketing nursery stock or to use the title nurseryperson, landscape nurseryperson, gardener, landscape gardener, landscape designer, general contractor, landscape contractor, land developer, golf course architect, or golf course designer. Vendors of goods, services, or materials, including landscape contractors and landscape designers, may provide drawings or graphic diagrams necessary for the proper layout of their goods or materials and may arrange for installation. A landscape designer may, for a fee, design spaces using plant materials and ancillary paving and building materials. Nobody is barred from designing or preparing drawings for real property they own. Practically, landscape contractor and landscape designer are safe words in Ohio. Landscape architect is not, unless the person named on the registration is the one doing the work. Registrants get a stamp bearing the registrant name, date of registration, certificate number and the legend, and may only use it while the certificate is in full force.
Sourcescodes.ohio.gov
Registering as a landscape architect: degree, experience, exam
The path is written into the statute rather than left to the board. An applicant applies in writing to the Ohio landscape architects board in the manner the board prescribes, and each application includes evidence given under oath or affirmation that the applicant holds the required qualifications. The applicant must be at least eighteen years of age and must have obtained a professional degree in landscape architecture from a program accredited by the national landscape architect accrediting board. The applicant must pass an examination conducted under the authority of the board to determine fitness for registration, and the request for examination goes in the application itself. On top of the degree and the exam, the applicant meets one of two experience routes. The first is three years of practical experience in the office of and under the direct supervision of a registered landscape architect who is actively involved in the practice, or equivalent experience as determined by the board, with at least one year of that experience completed after the educational requirement is finished. The second is completion of a board approved internship program that includes training in design and construction documents, construction administration and office management, or equivalent experience acceptable to the board. The board will let an applicant who is still finishing the experience requirement sit the examination, but it will not register that applicant until the requirement is complete. The certificate the board issues is prima facie evidence of the holder right to represent self as a landscape architect and to enter the practice.
Sourcescodes.ohio.gov
Renewal, fees, the seal and continuing education
A landscape architect certificate issued and registered under the current statute authorizes practice until the last day of December of each even numbered calendar year, which makes the cycle a two year one rather than annual. Renewal follows the standard license renewal procedure in Chapter 4745 of the Revised Code, and each applicant for renewal must demonstrate satisfactory completion of whatever continuing education requirements the board has adopted by rule. Every renewal is recorded in the board official register. A certificate of authorization held by a firm runs from issuance until the last day of June next succeeding the date it was issued. The fee structure is set by the board rather than fixed in dollars in the statute. The board establishes an application fee for registration by examination and a separate fee for registration by reciprocity. The statute does fix the arithmetic for coming back from a lapse. The fee to restore an expired certificate of qualification is the renewal fee for the current certification period, plus the renewal fee for each previous renewal period in which the certificate was not renewed, plus a penalty of twenty five per cent of the total renewal fees. Every registrant must secure a seal of the design the board prescribes, and all plans, specifications, drawings and other documents prepared by or under the direct supervision of the landscape architect must be imprinted with it. There is also an emeritus status. The board may authorize the title emeritus landscape architect for someone registered in Ohio at least ten years, fully retired from practice, and at least sixty five years old, and that status is exempt from continuing education and fee requirements.
Sourcescodes.ohio.gov 1larc.ohio.gov 2
Firms, certificates of authorization and design-build
A landscaping or design-build company that wants to sell landscape architectural services has a defined way to do it. A firm, partnership, association, limited liability company or corporation may provide landscape architectural services in Ohio as long as the services are provided only through natural persons registered to provide them. No such entity may provide those services, hold itself out to the public as providing them, or use a name including the words landscape architect, professional landscape architect, or registered landscape architect, or any modification or derivation of those words, unless it files the required information with the Ohio landscape architects board and complies with the chapter. A nonprofit membership corporation is carved out of that filing requirement. For design-build, the statute is explicit. Any person performing labor or providing services under a construction contract may offer or provide landscape architectural services in connection with that other work if the person employs a landscape architect registered in Ohio or contracts with an entity holding a valid certificate of authorization, if the person intending to perform the actual construction is the one offering the landscape architectural services, and if the public authority requirements in section 153.70 are met when design-build services go to a public authority. Outside that path, no person without a certificate of authorization may offer landscape architectural services under a construction contract to be performed by another person. There is also a collection tool on the professional side. A landscape architect who signs a written contract for services on an interest in commercial real estate has a lien on that interest, limited to the amount due under the contract, available only to the landscape architect named in the contract and not to employees or independent contractors, and subordinate to recorded mechanics liens, mortgages and judgment liens.
Sourcescodes.ohio.gov
The penalty for using the title without registering
Ohio treats the title and the practice as enforceable, and the penalties are set out in the chapter. Whoever violates the title and unauthorized practice section shall be fined not less than fifty nor more than two hundred dollars for the first offense, and for each subsequent offense not less than two hundred nor more than five hundred dollars. The prohibited acts section carries a different grade. Whoever violates it is guilty of a misdemeanor of the third degree, and for each subsequent offense a misdemeanor of the first degree. Those prohibited acts include obtaining or attempting to obtain registration or a certificate of authorization by fraud, material misrepresentation, or false oath; impersonating or attempting to impersonate a landscape architect or former landscape architect; and recklessly engaging in fraud, deceit, or gross negligence in the practice of landscape architecture or in providing landscape architectural services. A registrant may not sign plans, drawings, specifications, or other professional documents not prepared by them or under their immediate and responsible direction, and may not let their name be used to help a non-registrant evade the chapter. Enforcement does not depend on a prosecutor alone. The board may investigate an alleged violation on its own motion or on the verified written complaint of any person, although it may in its discretion disregard a complaint filed more than two years after the act or omission. The board may also apply to any court of competent jurisdiction for an injunction or restraining order against a person, firm, corporation, partnership, limited liability company, or other combination of persons committing a prohibited act.
Sourcescodes.ohio.gov
The pesticide business license your company needs
If your landscaping company sprays anything for a customer, the company itself needs a license from the Ohio Department of Agriculture, separate from any license a person holds. The department states you need a pesticide business license if you are hired to apply any pesticide to someone else property in Ohio, if you solicit pesticide applications in Ohio, or if you conduct wood destroying insect diagnostic inspections for a real estate transaction. At least one Ohio licensed commercial applicator must be employed for each licensed business location you own or operate, and the department recommends getting the applicator license before submitting the business application. Business licenses are valid for one year and expire on September 30, and a current and compliant certificate of insurance or binder must be on file with the department the whole time. The rule sets the money. The initial and renewal fee for each pesticide business license and registered location is thirty five dollars per licensing period, and the fee is non-refundable. The licensing period commences on the first day of October and expires on the last day of September of the following year. If the renewal application is not postmarked before the current period expires, that fee is increased by fifty per cent, and the same fifty per cent increase applies if acceptable proof of financial responsibility is not provided before the first day of October. The holder may add a registered location at any time by filing an amended application with the initial licensing fee. There is also a separate solicitation license for a company that contracts with a licensed pesticide business to do the application, and a solicitation license holder is prohibited from performing the application itself.
Sourcesagri.ohio.gov 1codes.ohio.gov 2
The commercial applicator license and recertification
The individual license is the commercial applicator license. The Ohio Department of Agriculture lists it as required if you are hired to apply any pesticide to someone else property, conduct wood destroying insect inspections for a real estate transaction, apply a restricted use pesticide to your employer property, apply any pesticide for any government agency including school districts, or apply any pesticide to schools and universities, parks, golf courses, restaurants, food processing plants, hospitals, medical facilities, day cares, and apartment complexes with more than four units. The statute reaches the same work from the other direction: no individual may apply pesticides for a pesticide business without direct supervision, or apply restricted use pesticides, without the license. To qualify you must be at least eighteen years old, pass the commercial core exam and at least one commercial pesticide use category exam, and submit the application with the fee. The license is valid for one year and expires on September 30, and it must be renewed annually. The rule sets the initial and renewal fee at thirty five dollars per licensing period, non-refundable, increased by fifty per cent if the renewal is not postmarked before the period ends. The statute sets an examination fee of thirty dollars. Every third year after initial issuance you must recertify before renewing, either by retaking the exams in year three or by attending approved continuing education: five total hours minimum, with at least one hour of commercial core and at least half an hour for each licensed category, the rest in any commercial category. Credits do not carry over. A license not renewed by September 30 may still be renewed by March 31 if all required recertification credit hours were completed before September 30.
Sourcesagri.ohio.gov 1codes.ohio.gov 2codes.ohio.gov 3
The insurance the state keeps on file for spray work
Ohio does not set an insurance minimum for landscaping generally, but it sets one for pesticide application and it checks. A certificate of insurance or a binder must be submitted with the pesticide business license application and kept current with the department for as long as the license is valid. The rule requires every pesticide business to carry a commercial general liability policy plus either a separate professional liability policy or an endorsement covering the properties under the care, custody and control of the business as it relates to pesticide application, including damage to the actual properties being treated, in each pesticide use category in which the commercial applicators employed by the business are licensed. The policies must cover each registered location associated with the business, and must cover bodily injury, property damage, products and completed operations due to pesticide application at the location applied and for third party claims. The minimum limits are three hundred thousand dollars policy general aggregate, three hundred thousand dollars per occurrence, and three hundred thousand dollars products and completed operations aggregate. A business licensed for wood destroying insect diagnostic inspections needs errors and omissions coverage with limits of one hundred thousand dollars policy general aggregate and fifty thousand dollars per occurrence. The certificate itself has required contents: the issuing company name and address, the insured name and address, the policy effective and expiration dates, the policy number, the limits, a statement naming the rule paragraph the coverage satisfies, and an agreement that the insurer will give the department ten days written notice before a cancellation for non-payment and thirty days written notice for any other cancellation, non-renewal or material change.
Sourcescodes.ohio.gov 1agri.ohio.gov 2
Lawn pesticide notice and the sign you have to post
This is the rule most often missed by a crew that mows and also sprays. No commercial applicator, and no trained serviceperson under the direct supervision of one, may apply lawn pesticides to residential lawns in a municipal corporation or a subdivided area of a township unless several things happen. Before or at the time of application, the applicator gives the property occupant written information: the brand or common name of each lawn pesticide applied, the chemical type as fungicide, herbicide or insecticide, any special label instruction applicable to the customer, the company name and telephone number of the applicator employer, the date and time of the application, any other pertinent information the label requires, and this exact statement about signs remaining in place for twenty four hours following lawn application. Signs go at conspicuous points including common access points. Each sign must measure at least five inches by four inches on adjacent sides, attach to the upper portion of a dowel or other supporting device, sit with its bottom edge at least fourteen inches from the ground, and stay weatherproof for twenty four hours. Signs at access points must be within five feet of the access point, in plain sight and not obscured. No company logos or other advertising graphics may appear on the face of the sign, which rules out treating it as a yard ad. The business must also make a reasonable attempt, on or before the business day preceding the application, to give the date, approximate time, company name and telephone number to any occupant of an abutting residence who asked in writing to be notified, and must keep those requests for three years and warn the person before deleting the record.
Sourcescodes.ohio.gov
The nursery dealer license for landscapers who sell plants
Ohio has a licensing requirement aimed squarely at installers, and it is easy to miss because the word landscaping is not in the license name. The nursery statute defines dealer as any person other than a nurseryman who offers for sale, sells, or distributes nursery stock, and it says in so many words that dealer includes any landscaper who sells or offers for sale nursery stock as part of a grounds improvement project that may involve the installation of such plants. Nursery stock means any hardy tree, shrub, plant, or bulb, whether wild or cultivated, except turfgrass, plus cuttings, grafts, scions and buds. So a company that marks up and installs trees and shrubs is a dealer, while a mowing only operation is not. Each dealer who sells, offers, or exposes for sale, or distributes nursery stock in Ohio, or ships nursery stock to other states, pays an annual license fee of one hundred twenty five dollars to the director of agriculture for each place of business operated. The dealer license expires on the thirty first day of December each year and must be renewed before the first day of January. Each dealer also furnishes the director an annual affidavit that the dealer will buy and sell only nursery stock inspected and certified by an official state or federal inspector, and must post each license conspicuously in each place of business. The sales rules bind the marketing too: no selling stock that is unlabeled, mislabeled with incorrect or misleading information, not labeled as a collected plant when it is one, infested, dead or seriously weakened. A violation is a misdemeanor of the third degree on a first offense and of the second degree after that.
Sourcescodes.ohio.gov
Irrigation connections and backflow prevention
Irrigation is where a landscaping company touches the public water supply, and Ohio regulates that through backflow prevention and cross-connection control rules rather than through a sprinkler contractor license. The rules set where protection is required and what type, and they treat an irrigation system as a hazard to the drinking water system. There is a specific allowance for the residential work landscapers do most. An exception may be applied when mitigating the health hazard of a water-only, residential type irrigation system that is not subjected to backpressure and is not equipped with pumps or other prime movers that could create backpressure on the public or consumer water system. In that case an approved pressure vacuum breaker installed at the cross-connection to the irrigation system may serve as the containment backflow preventer. An approved pressure vacuum breaker is one approved under the board of building standards rules by a local building department certified to enforce the plumbing code, a health department with a plumbing enforcement program, or the division of industrial compliance, whichever has plumbing enforcement jurisdiction. The exception does not apply if an additive is used within the irrigation system, which means fertilizer injection changes the answer. The supplier of water may also decide other hazards warrant a higher level of protection. Installation sits at the water consumer expense, at a location and in a manner approved by the supplier of water or the director, readily accessible for inspection, testing and repair, installed to prevent submergence and protected from freezing, with any heated enclosure conforming to the referenced standard. Ongoing duty matters for a maintenance contract: the consumer must ensure these backflow preventers are inspected at least once every twelve months, kept in proper working order, tested where applicable, and that records of the results are kept.
Sourcescodes.ohio.gov
City registration in the largest Ohio metros
Because there is no state landscaping license, the registration that actually gates your permits is municipal, and it varies by city. Cincinnati is the clearest written example. The city requires all contractors performing work inside city limits to maintain a current contractor registration, renewed annually, under City of Cincinnati Municipal Code Chapter 1106, ordinance 42-2011, and the city states it cannot issue building permits until all applicable contractors are registered. Two exemptions are spelled out. The owner of a one, two, or three family dwelling regulated by the Residential Code of Ohio is exempt as long as the homeowner personally performs the work and will occupy the residence for at least one year after the work is complete. An architect, professional engineer, or any other person required by the Revised Code to attain standards of competency or experience is a professional service provider and is exempt from contractor registration when acting exclusively within the scope of that profession, which is how a registered landscape architect is handled. The clocks differ by who you are. City registration of state licensed contractors is valid until the state license expires, while registration for all other contractors is valid for one year from the date it is issued. The fee for an initial contractor registration is one hundred twenty five dollars plus a three per cent technology surcharge, a one per cent financial recovery fee and a one per cent training surcharge, which the city totals at one hundred thirty one dollars and twenty five cents per year for up to three years. State law also constrains cities: no political subdivision may adopt an ordinance requiring contractor registration and a registration or license fee unless the ordinance also requires the registering contractor to be licensed in that contractor trade under the state contractor chapter.
Sourcescincinnati-oh.gov 1codes.ohio.gov 2
Sales tax, the vendor license and workers compensation
Ohio taxes the service itself, which is a bigger compliance item for most landscaping companies than any license. The sales tax statute includes in the definition of sale every transaction in which landscaping and lawn care service is or is to be provided. The definition is wide: planting, seeding, sodding, removing, cutting, trimming, pruning, mulching, aerating, applying chemicals, watering, fertilizing, and similar services to establish, promote, or control the growth of trees, shrubs, flowers, grass, ground cover, and other flora, or otherwise maintaining a lawn or landscape grown or maintained by the owner for ornamentation or other nonagricultural purpose. There is one threshold. Landscaping and lawn care service does not include providing such services by a person who has less than five thousand dollars in sales of such services during the calendar year, so a very small side operation falls out and a growing one falls in. The statute also says that providing landscaping and lawn care service, and the transfer of property as part of that service, is never a construction contract, which settles a recurring argument about whether a planting job can be billed as construction. Collecting the tax requires a license. No person shall engage in making retail sales subject to the tax as a business without having a vendor license, subject to narrow exceptions for dissolved partnerships, estates and receivers, and shared places of business. Payroll brings a third obligation. Every private employer pays into the state insurance fund the estimated annual premium the administrator of workers compensation fixes for the employer classification, under the rules and rates the administrator publishes.
Sourcescodes.ohio.gov 1codes.ohio.gov 2codes.ohio.gov 3
How a customer verifies what your company holds
Ohio gives a homeowner three different places to check, and knowing them is useful because the strongest trust signal a landscaping company has in a state with no trade license is a verifiable record. The state runs a central public license lookup, the eLicense public inquiry site, which covers the professional boards that use the state licensing system. The Ohio landscape architects board publishes a consumer section with a license look-up so a client can check the status of a landscape architect license, along with information on the practice of landscape architecture and the complaint and disciplinary process, so a claim of registration is checkable in a minute. On the city side, Cincinnati publishes a registered contractor search run through the Hamilton County geographic information system, which lets a homeowner confirm a company is registered before a permit is pulled. There is also a verification that happens physically rather than online: a licensed nursery dealer must post each license conspicuously in each place of business, and a licensed nurseryperson must post the inspection certificate in the principal place of business, so a customer standing in your yard or shop can see it. For a landscaping company going to market, the list of things worth naming on a site is therefore specific to Ohio. Name the pesticide business license and the commercial applicator license if you spray. Name the nursery dealer license if you sell and install plants. Name the city registrations you carry. Name the registered landscape architect you employ or subcontract to, and let the client confirm all of it.
Sourceslpi.elicense.ohio.gov 1larc.ohio.gov 2cagis.hamilton-co.org 3codes.ohio.gov 4