Landscape Contractors Board Licensing

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Landscape Contractors Board

Licensing

Individual License
General License Information
Exam Qualifications
Landscape Business License

Individual License


	State Seal

Oregon law requires anyone in the State of Oregon who advertises, operates as, or uses the title of a landscape construction professional or landscape contractingbusiness, must be licensed with the Landscape Contractors Board (LCB).

A landscape construction professional plans and installs lawns, shrubs, vines, trees or nursery stock including the preparation of the property on which the vegetation is to be installed. A landscape contractor also constructs or repairs ornamental water features, drainage systems and irrigation systems, plans and/or installs fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls.

There are two licenses required with the LCB:
A landscape construction professional license:
Must pay a $60 application fee and qualify to sit for a comprehensive exam. The exam fee is:$15 for the first section of the exam and $10 for each additonal section per exam sitting*. The initial and annual license fee is $75 .
* Note: After November 1, 2008 the LCB will no longer administer the exam at the LCB office or at a DMV. The DMV cancelled their contract with the LCB which created a need for the LCB to find an alternate method of administering the exam. The LCB engaged PSI (an examination administration company) to administer and proctor the exam at 7 locations throughout Oregon. The proposed cost for the exam will be $65 minimum which will include one (1) section of the exam and $10 for each additional section at each sitting.

To download the application form and study guide, click on "Forms" on the left menu bar.

FAQ
What is a licensed landscape construction professional?
A landscape construction professional is an individual who plans and installs lawns, trees, shrubs, vines or nursery stock including the preparation of the property on which the plantings are be installed.  A landscape construction professional also constructs and repairs ornamental water features, drainage systems and irrigation systems; plans and installs fences, decks, arbors driveways, walkways, patios, landscape edging and retaining walls. This individual must be licensed pursuant to ORS 671.530 and an owner or employee of a licensed landscape contracting business before this person can perform landscaping work in Oregon.

Do I need a license to do yard/landscape maintenance?
No, landscape maintenance is currently not a state regulated industry. However, you should check with your city or county for local licensing requirements. Landscape maintenance is work performed in the upkeep of existing landscape projects and includes work such as mowing, pruning, edging, applying bark dust, trimming, and the planting of annuals, perennials and bulbs in an existing bed (to a limited degree).

How do I know if I'm doing landscape maintenance or landscape contracting?
Landscape maintenance involves the care of plants and the general upkeep of an already installed project. Landscape contracting is the preparation, construction and/or installation of the landscape project or any part of it.

Who needs to be licensed?
Any individual who performs landscape construction work as defined in ORS 671.520 and any business that advertises or contracts to perform landscape work in Oregon. The individual needs to own or be employed by a licensed landscape contracting business before the individual can perform landscape construction work in Oregon.

What types of licenses are there?
There are three types of landscape construction professional licenses currently offered:

All Phases plus Backflow - all aspects of landscape construction including irrigation and backflow installation.
Standard - all aspects of landscape construction except irrigation and backflow.
Irrigation plus Backflow - irrigation and backflow only.
Probationary All Phase plus Backflow - all aspects of landscape construction including irrigation and backflow installation but with restrictions (see below)

What is a probationary landscape construction professional license and its limitations?
In 2007 the Oregon Legislature passed legislation that allows an individual who does not meet the education and experience requirements that currently exist to qualify to sit for the LCB exam to apply and sit for the All phase plus backflow exam without this experience but the person must pass all the sections of the exam within one year of the first sitting of the exam. The individual then will receive a probationary license where the individual will be subject to 24 months of probation where the maximum project size is $15,000 and the landscape contracting business must carry a $15,000 bond or 24 months of employment (not allowed to supervise) by a non-probationary landscape contracting business under the direct supervision of a non-probationary licensed landscape construction professional; or be licensed as a construction contractor under ORS 701 for a period of two years after obtaining the probationary license. After this 24 month period the probation will be removed.

What if a landscape construction professional holds a license from another state?
Oregon does not have reciprocity agreements with other states. However, by providing this information with your application, it may qualify you to take the examination since it can provide proof of experience in the landscape industry to the Board.

How much is the application and exam fee*?
Currently the application fee for the individual landscape construction professional is $60. This fee must accompany the application and documentation of your qualifications for sitting for the exam. The exam fee is based upon how many attempts required to pass the sections of the exam you need to obtain one of the three licenses offered. Currently the first section of the exam is $15 and each additional section is $10.* [All phase plus backflow license requires all seven sections so the minimum exam cost is $75; Standard requires 5 sections so the minimum cost is $55; and Irrigation only plus backflow requires 3 sections so the minimum cost is $35.]
* Note: After November 1, 2008 the LCB will no longer administer the exam at the LCB office or at a DMV. The DMV cancelled their contract with the LCB which created a need for the LCB to find an alternate method of administering the exam. The LCB engaged PSI (an examination administration company) to administer and proctor the exam at 7 locations throughout Oregon. The proposed cost for the exam will be $65 minimum which will include one (1) section of the exam and $10 for each additional section at each sitting.

How long before I will know if I am eligible to sit for the exam?**
Applications are reviewed usually within 5 working days. The length of time before you are notified of eligibility to sit for the exam depends on the complexity of the application and the amount of time it takes to verify the documentation of your experience and education. You will be notified by mail when you are approved to sit for the exam.
** Note: if you apply for the probationary landscape construction professional license then the process time is minimal since there is no experience or educational requirement.

What should I study for the exam?
A study guide will be provided to you or downloaded from the website: www.lcb.state.or.us which will provide you with detailed information about the composition of the different sections of the exam, sample questions and resource material for you to study.

Can I get a previous exam to study?
No, but sample questions are in the Study Guide material.

What if I change my mind and decide not to take the exam? Can I get a refund?
The exam fee will be refunded if prepaid, however the application fee is non-refundable [ORS 671.570(1)(a)].

How often is the exam given?
The exam is given on an individual basis, by appointment only.

Where is the exam given?
Until October 31, 2008 the LCB you may take the exam at the LCB offices or until September 30, 2008 you may schedule an exam at a DMV.
After November 1, 2008 the LCB will no longer administer the exam at the LCB office or at a DMV. The DMV cancelled their contract with the LCB which created a need for the LCB to find an alternate method of administering the exam. The LCB engaged PSI (an examination administration company) to administer and proctor the exam at 7 locations throughout Oregon: Baker City, Bend, Eugene, Medford, Portland, Wilsonville, & Salem. Contact: www.psiexams.com

What does the exam consist of?
There are seven sections of the exam: {1} Laws & Rules***, {2-5}General A-D [four sections which include (A) Plants & Turf; (B) Construction; (C) Grading & Drainage; and (D)**** Safety, Estimating; Soil Science & Chemicals]; {6} Irrigation and {7}Backflow.

***Note: This section has changed and now includes Laws, Rules and Business Practices
****Note: This section has changed by moving some portions of this exam to the Laws, Rules and Business Practice section of the exam.

Which sections do I need to pass to obtain a certain type of license?
All licensees must pass the Laws, Rules and Business Practice Section of the exam and then pass: sections General A-D to obtain the Standard License; Sections Irrigation and Backflow for the Irrigation only plus Backflow License; or sections General A-D and Irrigation and Backflow for the All Phase plus Backflow License.

How many questions are on the exam?
The number of questions in each section varies from 45 to 100 questions. The total exam will have up to 450 questions.

Is the examination timed?
After November 1, 2008 the examination will be administered by PSI which will have a time limit for each section on the exam. Laws, Rules and Business Practice is a 2 hour exam (you will be provided a copy of the Laws, Rules and Owner/Managing Employee Manual to use during the exam); General A -D are 1 hour exams (closed book); Irrigation is a 2 hour exam (closed book); and Backflow is an 1 hour exam (closed book).
Until November 1, 2008 the exam is not timed and is a closed book exam, in all sections.

How will I find out my results?
Up to November 1, 2008 you will be notified by mail within 5 working days after receipt from the DMV unless you take the exam at the Salem office on the touch screen computer system which gives you immediate results.
After November 1, 2008 the exam is administered by PSI on computers which will give you immediate results.

After I pass the sections I am required to pass for my license what are my fees?
The initial license fee is $75 and the renewal fee is $75 each year. Your individual landscape construction professional license will show an expiration date and the renewal form and renewal fee must be postmarked on or before that date each year. A late fee of $25 is charged as a penalty if you renew after the expiration date of the license.

Once I obtain my individual license can I start working?
No! Passing the exam and obtaining an individual landscape construction professional license does not allow you work. You must own or be employed by a licensed landscape contracting business before you can operate as a landscape construction professional in Oregon. [See the business application packet]

If I miss my appointment or do not pass sections of the exam if the fee refunded?
No! You can, however, cancel an appointment no later than 48 hours of the scheduled appointment after November 1, 2008 with PSI. Until then a cancellation will be accepted with a 24 hour notice if exam is taken at LCB office.

If I fail, can I take the exam again?
You may continue to take sections of the exam but must wait two weeks between each attempt (sitting of the exam) or review of the exam.

Is there a fee to retake the exam?
The fee is the same for all exams, initial or retake. Until October 31, 2008 the fee is $15 for the first section and $10 for each additional section.
After November 1, 2008 the fee is $65 for the first section and $10 for each additional section with PSI.

Can I review the questions that I missed if I fail a section of the exam?
You may review the exam immediately if you take the exam at the LCB office. If the exam is taken at a DMV you can only review your results at the LCB office and that must be done within 30 days of taking the exam. Your review when the test is adminstered by PSI will be immediately upon completion of the exam. Once you review the results you must wait two weeks to sit for any section of the exam again.

What is the backflow portion of the Landscape Construction Professional license and what does it include?
A licensed landscape construction professional that owns or is employed by a licensed landscape contracting business and holds an individual license that includes backflow may install a backflow assembly on a potable water supply for irrigation systems or water features. This ability is provided as an exemption from the plumbing laws in the state of Oregon and is only provided to those individual landscape construction professionals that have the backflow portion of the license and own or are employed by a properly licensed landscape contracting business. The exemption does not apply to unlicensed employees nor to licensed employees that do not have the backflow portion appended to their license.

As of January 2008 a licensed landscape construction professional that owns or is employed by a licensed landscape contracting business and holds an individual license that includes backflow and who also holds the tester certification from the Oregon Health Department may repair backflow assemblies installed for irrigation systems or water features only.

How about low-voltage wire installations?
Licensed Landscape Contracting Businesses may install low voltage outdoor lighting and irrigation control wiring without having an electrician's license for a Class II or Class III system that does not exceed 30 volts and 750 volt-amperes. All employees of the landscape contracting business must carry an identification card (found on the LCB website) when they are performing this type of electrical work.

What other licenses do I need?
In order to perform landscape work in Oregon you are required by the State to have two licenses: a landscape contracting business license and the business must either be owned by or employ a licensed landscape construction professional. On top of that you will need to contact your local city or county to see if there are additional requirements to operate in the city or county the business desires to work in.

What about renewal of the Landscape Construction Professional License?
The landscape construction professional license needs to be renewed every year on the anniversary date of the issuance of the license. The licensee must fill out, sign and return the renewal form and submit the required fee. However, as of January 1, 2009 every licensed landscape construction professional must obtain Continued Education Hours (CEH) to renew their license. This requirement will first affect those individuals that renew in 2010 that have an individual landscape construction professional license number that is an even number. Odd numbered licensees will be affected in 2011. See the continued education info section on our website for further information ab out the requirements and the courses that have been preapproved.

General License Information

WHO MUST BE LICENSED?
Oregon’s Landscape Contractor Licensing Law, ORS 671.510-710, requires anyone who wants to call themselves a landscape construction professional to have a valid landscape construction professional license. The law states “no person shall use the title of a landscape construction professional, landscape gardener or landscaper, or any title, sign, card or other device indicating, or tending to indicate, advertise or represent in any manner that the person is a landscape contractor unless the person has a valid landscape construction professional license issued pursuant to ORS 671.560.”

A landscape construction professional cannot offer landscape contracting services unless the individual is an owner or in the employ of a licensed landscape contracting business. If the landscape construction professional is the sole proprietor, the landscape construction professional must also obtain a license as a landscape contracting business.

THE LAW
ORS 671.520 states
“(1) “Landscape construction professional” means any person who for compensation or with the intent to be compensated arranges, undertakes, offers or contracts to undertake, or submits a bid to perform activities requiring the art, ability, experience, knowledge, science and skill to:
(a) Plan and install lawns, shrubs, vines, trees or nursery stock;
(b) Prepare property on which lawns, shrubs, vines, trees or nursery is to be installed.
(c) Construct or repair ornamental water features, drainage systems or irrigation systems; or
(d) Plan and install fences, decks, arbors, patios, landscape edging, driveways ,walkways or retaining walls.
(2) “Landscape contracting business” means any business that for compensation or with the intent to be compensated arranges for or submits a bid or otherwise offers or contracts to provide the services of a landscape construction professional.
(3) “Licensee” means a person or business that is licensed under ORS 671.510 to 671.710 as a landscape construction professional or landscape contracting business.
(4) “Nursery stock” means nursery stock:
(a) as defined by ORS 571.005 other than stock grown for commercial resale or reforestation; or
(b) As defined by the State Landscape Contractors board by rule.
(5) “Ornamental water features” means fountains, ponds, waterfalls, man-made streams and other decorative water-related constructions as identified by the board by rule.

LICENSE CATEGORIES: There are four license categories you may apply for.
All Phase: all areas of landscape contracting, including the installation of backflow assemblies.
Standard: all areas of landscape contracting except irrigation and the installation of backflow assemblies
Irrigation, Plus Backflow: irrigation and the installation of backflow assemblies
Probationary All Phase plus Backflow: all areas of landscape contracting, including the installation of backflow assemblies with restrictions

CHANGE TO LICENSE CATEGORIES: A landscape construction professional may add to the license category they currently hold by taking and passing additional sections of the exam. For more information, contact the LCB office at (503) 378-5909 ext. 221.

SUPERVISORY RESPONSIBILITIES: A licensed landscape construction professional whose phase of license is the basis of the landscape contracting business license must perform the following supervisory services:

Review and initial the landscape plan and written contract for each job;
Attend all on-site meetings and appear at any hearings that are a consequence of any claims filed against the landscape contracting business that relate to the landscape construction professional's phase of license; and
Directly supervise all non-licensed employees employed by the landscape contracting business.

FEE: $75.00
The annual fee for the landscape construction professional license is currently $75. the LCB accepts checks, money orders, Visa or MasterCard. Make checks payable to the Landscape Contractors Board.

ONCE I BECOME LICENSED, WHAT OTHER LICENSES OR PERMITS DO I NEED?
Landscape Contracting Business License: If you are not employed by a licensed landscape contracting business or wish to operate your own business, you must apply for a landscape contracting business license with the LCB before you can perform landscaping work in Oregon.

Exam Qualifications

How can I qualify to take the non-probationary licensing exam?
To qualify to sit for the exam your experience must be within 10 years of the date of application and you must meet one of the following requirements:

1.         Employed by a licensed landscape contracting business(es) for two years (total of 24 months).

2.         Self-employed as, or worked for, a landscape maintenance business or in another landscape industry related field for four years (total of 48 months).

3.         Employed by a licensed landscape contracting business(es) for one year (12 months) and worked as a landscape maintenance business for two years (24 months).

4.         Employed by a licensed landscape contracting business(es) for one year (12 months) and have one year of education in the landscape or related field (total of 36 credit hours).

5.         Self-employed or worked for a landscape maintenance business for two years (24 months) and have one year of education in the landscape or related field (36 credit hours).

6.         Have completed the Certified Landscape Technician (CLT) program administered by OLCA or another entity licensed to the Professional Landscape Network.

7.         Have obtained Associates, Bachelors or Masters Degree in horticulture or related field which includes cooperative work experience.

8.         Hold a current certification with the International Society of Arboriculture (ISA) as a Certified Arborist and be licensed with the Construction Contractor Board (CCB).

9.         Hold a certificate in horticulture or other related field from an accredited school or college that requires a minimum of 72 credit hours, which includes cooperative work experience in landscaping.

To verify your employment with a licensed landscape contracting business, please have your employer(s) complete the Employer Verification Statement. This form must be submitted with your exam and license application. (NOTE: out-of-state landscape maintenance and private business employers can also use this form.)

To verify an Associates, Bachelors, or Masters Degree you will need to submit a certified copy of your transcripts.

To verify one year of education in the landscape field, you will need to submit a certified copy of your college transcripts showing at least 36 credit hours of classes relating to landscape.

To verify your CLT, you need to submit a copy of your signed certificate.

To verify experience gained in landscape maintenance* work, you will need to complete the Landscape Maintenance Project Description form (page 11).  You may photocopy this form as many times as you need. These forms must be submitted with your application.
a)   To show four years of maintenance* work you will need to submit six Landscape Maintenance Project Descriptions per year for a total of 24 in a 48 month period.
b)   To show two years of maintenance* work you will need to submit six Landscape Maintenance Project Descriptions per year for a total of 12 in a 24 month period.

*Landscape maintenance means work done on an already existing landscape (mowing; pruning (up to 15’); edging; applying bark dust; trimming; planting of annuals, perennials and bulbs; and general upkeep.)

It is important that you fill out the Landscape Maintenance Project Descriptions completely and legibly. The form must list the full name of the customer, address, city, state, and zip code or it will be returned to you for completion. You need to have the customer sign, date and insert their telephone number for our verification process.

How do I qualify for the Probationary Landscape Construction Professional License?
There are no qualifications required to sit for the examination for this license. The probationary license is an All Phase plus Backflow license (seven sections of the exam) and an applicant has one year from the date of the first sitting of the examination to pass all the sections (7) of the exam. Failure to pass all the sections within one year results in no license and that individual must apply for a non-probationary license if they want to become licensed. The probationary license is a "one shot" opportunity.

Landscape Business License

Landscape Contracting Business License

A landscape contracting businesss license is granted to an entity that meets the requirements (see below) of law to contract for landscae work in the State of Oregon. This entity that is considered "the contractor" and has the ability to enter into contracts with the public. This license is required for all landscape contracting businesses even if the business is a sole proprietor.

Each landscape contracting business must employ at least one indivual landscape construction professional to supervise the activities of the business and directly supervise all unlicensed employees of the business that are performing landscape work for the business. The landscape contracting business may offer and/or perform those phases of landscape work for which its employed landscape construction professionals are licensed.

Requirements for a Landscape Contracting Business License:

Submit completed, signed application and appropriate application fee ($75) which includes but is not limited to:

Business name that is registered with the State Corporation Division including DBA's and ABN's if applicable. [the only exception to this requirement is a sole proprietorship that is named exactly in the name of the business owner, e.g. John P. Smith Landscaping owned by John P. Smith].
List of all owners including percentage of ownership. [Sole proprietorships can only have one owner in Oregon (non-community state)]
The list of licensed landscape construction professionals (including yourself if applicable) who are supervising the activities of the landscape contracting business and are directly supervising any unlicensed employees of the business performing landscape work.
Tax identification numbers such as: Employer Identification Number, State Identification Number, Corporate Registry Number, Federal Identification Number, etc.
Certificate of Liability Insurance for a minimum of $100,000.
Surety Bond (or other accepted surety) in the amount that corresponds to the project size (contract(s) amount on the same project for the same owner within a 12 month period: $3000 surety if performing projects $10,000 or less; $10,000 surety if projects are more than $10,000 and less than $25,000 or if the business installs fences, decks, arbors, patios, driveways, walkways, retaining walls or landscape edging without performing other landscape work; $15,000 surety if the projects are more than $25,000 or the business is a probationary business.
Workers Compensation if the business has employees
Independent Contractor Verification stating the business meets the independent contractor requirements of ORS 670.600.
Licensing and litigation history which provides information about previous licenses and any outstanding orders, unpaid judgments or penalties in Oregon or other states.
Criminal Background indicating any felony convictions of the owners.
Employee Verification form which verifies the licensed landscape construction professional understands the supervisory requirements for this individual.
Managing employee designation for the business. This is the person that is either an owner or a full time designated employee who is either a licensed landscape construction professional or has taken the course and passed the examination for an owner/managing employee.
Signature

Business Owner/Managing Employee
If a new business forms after January 1, 2008 and the owner IS NOT a licensed landscape construction professional then the business must have either an owner or a designated full time employee who is actively involved in the day to day operations of the business take a course and pass an examination on the Laws, Rules and Business Practices for a landscape contracting business. If the business was formed in 2008 the business license will not be renewed until this condition is met and no new businesses will be formed after January 1, 2009 if the condition is not met.

Bond Information
Landscape contracting businesses must post a security bond or other form of surety such as a certificate of deposit or irrevocable letter of credit. As of January 1, 2006 the bonding amounts have changed based upon the charges* per landscape job as follows:

Job charges up to, but not exceeding $10,000               $3,000
Job charges over $10,000, but less than $25,000        $10,000
Job charges over $25,000                                          $15,000
Fences, decks, arbors, patios, landscaping edging,
driveways, walkways or retaining walls constructed,
not in conjunction with other landscaping work             $10,000

*charges are determined by the total of all contracts for a project at a certain location for a certain owner within a 12 month period.

The bond amount for each landscape contracting business is listed on the board's website under "verify a license".

Insurance
Landscape contracting businesses must have at minimum of $100,000 in public liability, personal injury andproperty damage insurance. The insurance amount for each landsape contracting business is listed on the board's website under "verify a license".

Employ a Landscape Construction Professional
Each landscape contracting business must employ at least one person that holds the landscape construction professional license to supervise the landscaping work that is done on a project. This person has passed a comprehensive examination and has experience in the landscaping industry for at least two years.
A landscape contracting business may offer and/or perform those phases of landscape contracting for which its employed landscape contractors are licensed.
The phase of licensing for each landsape contracting business is listed on the board's website under "verify a license".

Page updated: September 03, 2008

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