House
File
2582
-
Introduced
HOUSE
FILE
2582
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
651)
A
BILL
FOR
An
Act
relating
to
the
practice
of
interior
design,
providing
1
penalties,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5763HV
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DIVISION
I
1
INTERIOR
DESIGN
PRACTICE
2
Section
1.
Section
544C.1,
subsections
1,
3,
and
4,
Code
3
2020,
are
amended
to
read
as
follows:
4
1.
“Board”
means
the
interior
design
practice
examining
5
board
established
pursuant
to
this
chapter
.
6
3.
a.
“Interior
design
practice
”
means
the
design
of
7
interior
spaces
as
a
part
of
an
interior
alteration
or
8
construction
project
including
the
preparation
of
documents
9
interior
technical
submissions
relating
to
space
planning,
10
finish
materials,
furnishings,
fixtures,
and
equipment,
and
11
the
preparation
of
documents
relating
to
interior
construction
12
that
does
not
affect
the
mechanical
or
structural
systems
of
13
a
building.
“Interior
design”
does
not
include
services
that
14
constitute
the
practice
of
architecture
or
the
practice
of
15
professional
engineering.
“Interior
design
practice”
includes
16
all
of
the
following:
17
(1)
Programming,
planning,
pre-design
analysis,
and
18
conceptual
design
of
interior
nonstructural
elements,
including
19
but
not
limited
to
the
selection
of
materials,
furniture,
20
fixtures,
and
equipment,
but
not
building
equipment.
21
(2)
Alteration
or
construction
of
interior
nonstructural
22
elements
and
any
interior
technical
submissions
related
to
such
23
alteration
or
construction.
24
(3)
Preparation
of
a
physical
plan
of
space
within
a
25
proposed
or
existing
building
or
structure
including
all
of
the
26
following:
27
(a)
Determinations
of
internal
circulation
systems
or
28
patterns.
29
(b)
Determinations
of
the
location
of
internal
exit
30
requirements
based
on
occupancy
loads.
31
(c)
Assessment
and
analysis
of
interior
safety
factors
to
32
comply
with
building
codes
related
to
interior
nonstructural
33
elements.
34
(4)
Review,
analysis,
evaluation,
and
interpretation
of
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building
codes,
fire
codes,
and
accessibility
standards,
1
including
but
not
limited
to
the
federal
Americans
with
2
Disabilities
Act
of
1990,
as
applicable
to
interior
technical
3
submissions
for
interior
nonstructural
elements.
4
(5)
Rendering
of
designs,
plans,
drawings,
specifications,
5
contract
documents,
or
other
interior
technical
submissions
and
6
administration
of
interior
nonstructural
element
construction
7
and
contracts
relating
to
nonstructural
elements
in
interior
8
alteration
or
construction
of
a
proposed
or
existing
building
9
or
structure.
10
b.
“Interior
design
practice”
does
not
include
any
of
the
11
following:
12
(1)
Services
that
constitute
the
practice
of
professional
13
engineering.
14
(2)
The
making
of
changes
or
additions
to
any
of
the
15
following:
16
(a)
Foundations,
beams,
trusses,
columns,
or
other
primary
17
structural
framing
members,
or
seismic
systems.
18
(b)
Structural
concrete
slabs.
19
(c)
Openings
in
roofs,
exterior
walls,
or
load-bearing
and
20
shear
walls.
21
(d)
Exterior
penetrations,
such
as
windows
and
doors.
22
(e)
Heating,
ventilating,
or
air
conditioning
equipment
or
23
distribution
systems,
building
management
systems,
high-voltage
24
or
medium-voltage
electrical
distribution
systems,
standby
or
25
emergency
power
or
distribution
systems,
plumbing
or
plumbing
26
monitoring
systems,
or
related
building
systems.
27
4.
“Registered
interior
designer”
means
a
person
registered
28
under
this
chapter
who
is
listed
on
the
interior
designer
29
registry
operated
by
the
board
.
30
Sec.
2.
Section
544C.1,
Code
2020,
is
amended
by
adding
the
31
following
new
subsections:
32
NEW
SUBSECTION
.
1A.
“Building
equipment”
means
any
33
mechanical
plumbing,
electrical,
or
structural
components,
34
including
a
conveyance,
designed
for
or
located
in
a
building
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or
structure.
1
NEW
SUBSECTION
.
2A.
“Conveyance”
means
an
elevator,
2
dumbwaiter,
vertical
reciprocating
conveyor,
escalator,
or
3
other
motorized
vertical
transportation
system.
4
NEW
SUBSECTION
.
2B.
“Interior
alteration
or
construction
5
project”
means
a
project
for
an
interior
space
or
area
within
6
a
proposed
or
existing
building
or
structure,
including
7
construction,
modification,
renovation,
rehabilitation,
or
8
historic
preservation,
that
involves
changing
or
altering
any
9
of
the
following:
10
a.
The
design
function
or
layout
of
rooms.
11
b.
The
state
of
permanent
fixtures
or
equipment.
12
NEW
SUBSECTION
.
3A.
“Interior
nonstructural
element”
means
13
an
interior
design
element
that
does
not
require
structural
14
bracing
and
that
is
not
a
load-bearing
element
of
a
structure
15
that
is
essential
to
structural
integrity.
16
NEW
SUBSECTION
.
3B.
“Interior
technical
submission”
means
17
a
design,
drawing,
specification,
study,
or
other
technical
18
report
or
calculation
that
establishes
the
scope
of
an
interior
19
design
project
including
a
description
of
standards.
20
Sec.
3.
NEW
SECTION
.
544C.14
Registered
interior
designers
21
——
stamp
and
seal.
22
1.
A
registered
interior
designer
shall
have
a
reproducible
23
seal
or
facsimile,
the
print
of
which
shall
contain
the
24
full
name
and
registration
number
of
the
registered
interior
25
designer
on
file
with
the
board,
the
business
city
and
state
26
of
the
registered
interior
designer,
and
the
words
“Registered
27
Interior
Designer”.
The
registered
interior
designer
shall
28
use
such
seal
to
stamp
all
interior
technical
submissions.
A
29
registered
interior
designer
may
only
sign
and
seal
an
interior
30
technical
submission
within
the
scope
of
interior
design
31
practice.
32
2.
A
registered
interior
designer
may
sign
and
seal
an
33
interior
technical
submission
covering
the
scope
of
the
34
interior
design
practice
and
shall
have
the
authority
to
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submit
such
interior
technical
submission
to
a
state
or
local
1
governmental
entity
for
the
purpose
of
obtaining
any
requisite
2
permit
for
an
interior
alteration
or
construction
project.
3
3.
The
placement
of
the
registered
interior
designer’s
4
signature
and
seal
shall
indicate
the
document
or
part
thereof
5
for
which
the
seal
applies.
The
seal
and
date
may
be
affixed
6
electronically.
The
registered
interior
designer
may
provide,
7
at
the
sole
discretion
of
the
registered
interior
designer,
8
an
original
signature
in
the
handwriting
of
the
registered
9
interior
designer,
a
scanned
copy
of
the
document
bearing
an
10
original
signature,
or
a
computer-generated
signature.
11
4.
A
registered
interior
designer
shall
not
affix,
or
permit
12
to
be
affixed,
the
registration
number,
seal,
or
signature
of
13
the
registered
interior
designer
to
any
interior
technical
14
submission
that
the
registered
interior
designer
is
not
15
competent
to
perform.
16
5.
A
registered
interior
designer
shall
not
sign
and
seal
17
an
interior
technical
submission
that
was
not
prepared
by
the
18
registered
interior
designer
or
under
the
supervision
and
19
control
of
the
registered
interior
designer,
except
for
the
20
following:
21
a.
A
registered
interior
designer
may
sign
and
seal
any
22
portion
of
an
interior
technical
submission
that
was
prepared
23
by
or
under
the
supervision
and
control
of
another
registered
24
interior
designer.
25
b.
A
partner
or
corporate
officer
of
a
business
registered
26
in
this
state,
who
is
a
registered
interior
designer
and
who
27
has
professional
knowledge
of
the
content
of
the
interior
28
technical
submission
and
intends
to
be
responsible
for
the
29
adequacy
of
the
interior
technical
submission,
may
sign
and
30
seal
an
interior
technical
submission
that
was
prepared
by
or
31
under
the
supervision
and
control
of
a
registered
interior
32
designer
who
is
in
the
regular
employment
of
such
business.
33
Sec.
4.
NEW
SECTION
.
544C.15
Registered
interior
designer
34
stamp
and
seal
——
conflicts
of
interest
——
penalties.
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1.
A
person
shall
not
intentionally
do
any
of
the
following:
1
a.
Affix
the
signature
or
seal
of
a
registered
interior
2
designer
to
any
interior
technical
submission
without
the
3
permission
of
the
registered
interior
designer.
4
b.
Use
or
attempt
to
use
the
interior
design
registration
or
5
seal
of
another
except
as
provided
in
section
544C.14.
6
c.
Impersonate
a
registered
interior
designer.
7
d.
Obtain
or
attempt
to
obtain
registration
from
the
board
8
by
fraud.
9
e.
Make
any
willfully
false
oath
or
affirmation
to
the
10
board.
11
2.
A
person
who
intentionally
violates
a
provision
of
12
subsection
1
is
guilty
of
a
simple
misdemeanor.
13
3.
A
registered
interior
designer
shall
avoid
conflicts
of
14
interest.
15
a.
If
an
unavoidable
conflict
of
interests
arises,
a
16
registered
interior
designer
shall
do
all
of
the
following:
17
(1)
Immediately
inform
the
client
or
employer
of
all
18
circumstances
that
may
interfere
with
or
impair
the
obligation
19
of
the
registered
interior
designer
to
provide
professional
20
services.
21
(2)
Notify
the
client
or
employer
and
withdraw
from
22
employment
at
any
time
when
it
is
not
possible
to
faithfully
23
discharge
the
responsibilities
and
duties
owed
to
the
client
24
or
employer.
25
b.
If
an
unavoidable
conflict
of
interest
arises,
a
26
registered
interior
designer
shall
not
do
any
of
the
following:
27
(1)
Agree
to
perform
professional
interior
design
services
28
for
a
client
or
employer
if
the
registered
interior
designer
29
has
a
significant
financial
or
other
interest
that
would
impair
30
or
interfere
with
the
responsibility
of
the
registered
interior
31
designer
to
faithfully
discharge
professional
interior
design
32
services
on
behalf
of
the
client
or
employer.
33
(2)
Accept
payment
from
any
party
other
than
a
client
or
34
employer
for
a
particular
project
and
not
have
any
direct
or
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indirect
financial
interest
in
a
service
or
phase
of
a
service
1
to
be
provided
as
part
of
a
project
unless
the
client
or
2
employer
approves
of
the
conflict.
3
(3)
Solicit
or
accept
anything
of
value
from
material
or
4
equipment
suppliers
in
return
for
specifying
or
endorsing
a
5
product.
6
(4)
Violate
the
confidences
of
a
client
or
employer
except
7
as
otherwise
required
by
law.
8
(5)
Perform
services
for
a
client
or
employer
while
a
9
full-time
employee
of
another
employer
without
notifying
all
10
parties
concerned.
11
4.
This
section
shall
not
limit
the
professional
12
responsibility
of
a
registered
interior
designer
to
an
owner
of
13
a
project
when
the
registered
interior
designer
is
employed
by
14
a
person
under
contract
to
engage
in
interior
design
practice
15
for
that
project.
16
Sec.
5.
NEW
SECTION
.
544C.16
Submission
of
interior
17
technical
submissions.
18
1.
A
registered
interior
designer
may
sign
and
seal
an
19
interior
technical
submission
that
is
required
for
an
interior
20
alteration
or
construction
project
and
that
shall
be
kept
as
21
public
record.
22
2.
If
a
political
subdivision
of
the
state
requires
a
23
seal
or
stamp
on
an
interior
technical
submission
that
is
24
submitted
for
an
interior
alteration
or
construction
project,
25
the
political
subdivision
shall
accept
an
interior
technical
26
submission
impressed
with
the
seal
or
stamp
of
a
registered
27
interior
designer
consistent
with
the
provisions
of
section
28
544C.14.
29
Sec.
6.
REPEAL.
Section
544C.13,
Code
2020,
is
repealed.
30
Sec.
7.
EMERGENCY
RULES.
The
interior
design
practice
31
examining
board
may
adopt
emergency
rules
under
section
17A.4,
32
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
“b”,
33
to
implement
the
provisions
of
this
Act
and
the
rules
shall
34
be
effective
immediately
upon
filing
unless
a
later
date
is
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specified
in
the
rules.
Any
rules
adopted
in
accordance
with
1
this
section
shall
also
be
published
as
a
notice
of
intended
2
action
as
provided
in
section
17A.4.
3
DIVISION
II
4
CONFORMING
CODE
CHANGES
5
Sec.
8.
Section
544C.2,
subsection
1,
Code
2020,
is
amended
6
to
read
as
follows:
7
1.
An
interior
design
practice
examining
board
is
8
established
within
the
bureau.
The
board
consists
of
seven
9
members:
five
members
who
are
interior
designers
who
are
10
registered
under
this
chapter
and
who
have
been
in
the
active
11
practice
of
interior
design
for
not
less
than
five
years,
the
12
last
two
of
which
shall
have
been
in
Iowa;
and
two
members
who
13
are
not
registered
under
this
chapter
and
who
shall
represent
14
the
general
public.
Members
shall
be
appointed
by
the
governor
15
subject
to
confirmation
by
the
senate.
16
Sec.
9.
Section
544C.5,
unnumbered
paragraph
1,
Code
2020,
17
is
amended
to
read
as
follows:
18
Each
applicant
for
registration
must
meet
the
interior
19
design
practice
education
and
practical
training
requirements
20
adopted
by
rule
by
the
board,
and
have
passed
an
examination
21
prescribed
by
the
board
that
is
task-oriented,
focused
22
on
public
safety,
and
validated
by
a
recognized
testing
23
agency.
The
bureau
shall
register
an
individual
who
submits
24
an
application
to
the
board
on
the
form
and
in
the
manner
25
prescribed
by
the
board
as
a
registered
interior
designer
if
26
the
individual
satisfies
the
following
requirements:
27
Sec.
10.
Section
544C.5,
subsection
2,
paragraphs
a,
b,
and
28
c,
Code
2020,
are
amended
to
read
as
follows:
29
a.
Four
years
of
interior
design
practice
education
plus
two
30
years
of
full-time
work
experience
in
interior
design
practice
.
31
b.
Three
years
of
interior
design
practice
education
plus
32
three
years
of
full-time
work
experience
in
interior
design
33
practice
.
34
c.
Two
years
of
interior
design
practice
education
plus
four
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years
of
full-time
work
experience
in
interior
design
practice
.
1
Sec.
11.
Section
544C.10,
subsection
1,
Code
2020,
is
2
amended
to
read
as
follows:
3
1.
It
is
unlawful
for
a
person
to
use
the
title,
or
aid
4
or
abet
a
person
in
using
the
title,
of
“registered
interior
5
designer”
or
any
title
or
device
indicating
that
the
person
6
is
a
registered
interior
designer
unless
the
person
has
been
7
issued
a
certificate
of
registration
as
provided
in
this
8
chapter
.
This
section
does
not
prohibit
the
provision
of
9
interior
design
practice
services,
or
the
use
of
the
terms
10
“interior
design
practice
”
or
“interior
designer”,
by
an
11
architect
or
by
a
person
who
is
not
registered
as
an
interior
12
designer.
13
Sec.
12.
Section
546.10,
subsection
1,
paragraph
f,
Code
14
2020,
is
amended
to
read
as
follows:
15
f.
The
interior
design
practice
examining
board
created
16
pursuant
to
chapter
544C
.
17
DIVISION
III
18
EFFECTIVE
DATE
19
Sec.
13.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
20
immediate
importance,
takes
effect
upon
enactment.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
the
practice
of
interior
design
in
Iowa.
25
The
bill
is
organized
in
divisions.
26
DIVISION
I
——
INTERIOR
DESIGN
PRACTICE.
This
division
of
27
the
bill
relates
to
the
practice
of
interior
design.
The
bill
28
changes
the
defined
term
“interior
design”
to
“interior
design
29
practice”.
The
bill
defines
“interior
design
practice”
as
30
including
the
preparation
of
interior
technical
submissions,
31
defined
in
the
bill
as
a
design
that
establishes
the
scope
of
32
an
interior
design
project,
and
removes
an
exclusion
from
the
33
term
for
services
that
constitute
the
practice
of
architecture.
34
The
bill
also
lists
certain
practices
that
constitute
interior
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design
practice
that
do
not
constitute
interior
design
1
practice.
The
bill
includes
definitions
for
certain
terms
2
relating
to
the
scope
of
interior
design
practice.
3
The
bill
requires
each
registered
interior
designer
to
have
4
a
reproducible
seal
or
facsimile.
The
registered
interior
5
designer
may
use
a
seal
to
sign
and
seal
interior
technical
6
submissions,
or
a
portion
thereof,
but
only
to
the
extent
7
that
such
submissions
cover
interior
design
practice
that
the
8
registered
interior
designer
is
competent
to
perform.
Such
9
signed
and
sealed
interior
technical
submissions
shall
be
10
accepted
by
state
or
local
government
entities
to
satisfy
11
requirements
for
the
issuance
of
a
permit
for
an
interior
12
alteration
or
construction
project.
A
registered
interior
13
designer
shall
not
sign
and
seal
an
interior
technical
14
submission
that
was
not
prepared
by
or
under
the
supervision
15
and
control
of
the
registered
interior
designer,
unless
16
that
interior
technical
submission
was
prepared
by
or
under
17
the
supervision
and
control
of
another
registered
interior
18
designer.
19
A
person
who
intentionally
affixes
the
signature
or
seal
20
of
a
registered
interior
designer
to
an
interior
technical
21
submission
without
the
permission
of
the
registered
interior
22
designer,
uses
or
attempts
to
use
the
interior
design
23
registration
or
seal
of
another,
impersonates
a
registered
24
interior
designer,
obtains
or
attempts
to
obtain
registration
25
from
the
interior
design
practice
registration
board
by
fraud,
26
or
makes
any
willfully
false
oath
or
affirmation
to
the
board
27
is
guilty
of
a
simple
misdemeanor.
A
simple
misdemeanor
is
28
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
of
29
at
least
$65
but
not
more
than
$625
or
by
both.
30
The
bill
requires
a
registered
interior
designer
to
avoid
31
conflicts
of
interest.
When
a
conflict
of
interest
cannot
be
32
avoided,
the
bill
creates
a
mandatory
series
of
procedures
for
33
the
registered
interior
designer
to
perform.
34
The
bill
repeals
a
Code
section
relating
to
transition
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provisions
for
the
registration
of
certain
interior
designers
1
that
is
no
longer
in
effect
by
its
own
terms.
2
The
bill
gives
the
interior
design
practice
examining
board
3
emergency
rulemaking
authority
to
implement
the
provisions
of
4
the
bill.
5
DIVISION
II
——
CONFORMING
CHANGES.
This
division
of
the
bill
6
makes
conforming
changes
by
changing
references
to
“interior
7
design”
to
“interior
design
practice”.
8
DIVISION
III
——
EFFECTIVE
DATE.
The
bill
takes
effect
upon
9
enactment.
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