Hawaii Landscaping Licensing Law


title: "Hawaii Landscaping Licensing Law" description: "Complete text of Hawaii landscaping licensing law statutes — Hawaii Code." slug: hawaii-landscaping-licensing-law


Hawaii Landscaping Licensing Law

Hawaii Code · 5 sections

The following is the full text of Hawaii’s landscaping licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.


Sections


Haw. Rev. Stat. § 58-1

Section

58-1 Purpose

58-2 County arborist advisory committees; establishment

58-3 County arborist advisory committees; powers and duties

58-4 County protective regulations

58-5 State assistance

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HRS §464-12

§464-12  Corporations and partnerships.  A corporation or copartnership may engage in the practice of professional engineering, architecture, surveying, or landscape architecture in the State if the person or persons connected with the corporation or copartnership directly in charge of the professional work is duly licensed. [L 1923, c 227, §7; RL 1925, §3689; am L 1933, c 134, §3; RL 1935, §7040; RL 1945, §7612; RL 1955, §166-12; HRS §464-12; am L 1970, c 85, §1; am L 1983, c 155, §8; am L 1989, c 210, §14; am L 1997, c 8, §4]


HRS §464-3

§464-3  Persons exempt from licensure.  Persons practicing professional engineering, architecture, land surveying, or landscape architecture solely as officers or employees of the United States shall be exempted from the provisions of this chapter. [L 1923, c 227, §8; RL 1925, §3690; am L 1931, c 165, §5; RL 1935, §7031; RL 1945, §7603; RL 1955, §166-3; am L 1961, c 142, §12(a); HRS §464-3; am L 1970, c 85, §1; am L 1983, c 155, §1; am L 1989, c 210, §5; am L 1997, c 8, §1]


HRS §464-5

§464-5  Limitation upon application of chapter.  Nothing in this chapter shall prevent any person from engaging in engineering, architectural, or landscape architectural work and undertakings upon property owned or exclusively controlled or possessed by that person, or from hiring any person to do the work and undertakings, unless the work and undertakings involve the safety or health of the public, nor shall anything in this chapter prevent any person from engaging in land surveying upon property owned or exclusively controlled or possessed by that person or from hiring any person to do the work, unless the work involves a common boundary.

Nothing in this chapter shall be construed as applying to the business conducted in this State by any agriculturist, horticulturist, tree expert, arborist, forester, gardenshop operator, nursery operator or landscape nursery operator, gardener, landscape gardener, landscape contractor, landscape designer, landscape consultant, garden or lawn caretaker, or cultivator of land, as these terms are generally used, except that no person shall use the designation "landscape architect", "landscape architectural", or "landscape architecture" unless licensed under the provisions of this chapter.

All engineering work, architectural work, and landscape architectural work in which the public safety or health is involved shall be designed by and the construction observed by a duly licensed professional engineer, architect, or landscape architect, respectively. [L 1923, c 227, §10; RL 1925, §3692; am L 1931, c 165, §7; RL 1935, §7033; RL 1945, §7605; RL 1955, §166-5; HRS §464-5; am L 1970, c 85, §§1, 3; am L 1988, c 226, §3; am L 1989, c 210, §7; gen ch 1993]


HRS §464-6

§464-6  Board of professional engineers, etc., members; appointment; tenure; qualifications.  There shall be a state board of professional engineers, architects, surveyors, and landscape architects hereinafter called "the board".  The board shall consist of fourteen members, including at least four professional engineers, three professional architects, two professional surveyors, two professional landscape architects, and three public members.  Each county shall be represented by at least one member who is a resident of the county.  Each member shall hold over after the expiration of the member's term until the member's successor is duly appointed and qualified.

Each member shall have been a resident of the State for at least three years.  A member representing the profession shall have been engaged in the practice of the member's profession for at least five years immediately preceding the date of the member's appointment.  Any member of the board who incurs expenses in connection with the preparation and grading of examination papers shall be reimbursed for those expenses with the approval of the department. [L 1923, c 227, §2; RL 1925, §3684; am L 1933, c 134, §§1, 6; RL 1935, §7035; RL 1945, §7607; am L 1949, c 306, §2; RL 1955, §166-6; am L Sp 1959 2d, c 1, §5; am L 1967, c 85, §2; HRS §464-6; am L 1970, c 85, §4; am L 1978, c 208, §12; am L 1982, c 204, §8; am L 1983, c 155, §2; gen ch 1985; am L 1989, c 210, §8; am L 1992, c 202, §153; ree L 1993, c 322, §14]

Cross References

Design claim conciliation panel, see chapter 672B.

Attorney General Opinions

This statute is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position.  Att. Gen. Op. 16-3.

References


The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)