House File 781 S-5067 Amend House File 781, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 544C.1, Code 2022, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 1A. “Building equipment” means any 6 mechanical plumbing, electrical, or structural components, 7 including a conveyance, designed for or located in a building 8 or structure. 9 NEW SUBSECTION . 2A. “Conveyance” means an elevator, 10 dumbwaiter, vertical reciprocating conveyor, escalator, or 11 other motorized vertical transportation system. 12 NEW SUBSECTION . 2B. “Direct supervision and responsible 13 charge” means a registered interior designer’s personal 14 supervisory control of work of which the registered interior 15 designer has detailed professional knowledge. In respect 16 to preparing interior technical submissions, “direct 17 supervision and responsible charge” means that the registered 18 interior designer has the exercising, directing, guiding, 19 and restraining power over the preparation of the interior 20 technical submission, and exercises professional judgment in 21 all matters embodied in the interior technical submission. 22 “Direct supervision and responsible charge” does not mean 23 reviewing the interior technical submission prepared by another 24 person unless the reviewer actually exercises supervision and 25 control and is in responsible charge of the interior technical 26 submission. 27 NEW SUBSECTION . 2C. “Interior alteration or construction 28 project” means a project for an interior space or area within 29 a proposed or existing building or structure, including 30 construction, modification, renovation, rehabilitation, or 31 historic preservation, that involves changing or altering any 32 of the following: 33 a. The design function or layout of rooms. 34 b. The state of permanent fixtures or equipment. 35 -1- HF 781.3724 (3) 89 ss/rh 1/ 9 #1.
NEW SUBSECTION . 3A. “Interior nonstructural element” means 1 an interior design element that does not require structural 2 bracing and that is not load-bearing according to adopted code. 3 NEW SUBSECTION . 3B. “Interior technical submission” means 4 a design, drawing, specification, study, or other technical 5 report or calculation that establishes the scope of an interior 6 alteration or construction project including a description of 7 standards. 8 Sec. 2. Section 544C.1, subsection 3, Code 2022, is amended 9 to read as follows: 10 3. a. “Interior design” “Registered interior design” 11 means the design of interior spaces as a part of an interior 12 alteration or construction project including the preparation 13 of documents interior technical submissions relating to 14 space planning, finish materials, furnishings, fixtures, 15 and equipment, and the preparation of documents relating to 16 interior construction that does not affect the mechanical or 17 structural engineered systems of a building. “Interior design” 18 does not include services that constitute the practice of 19 architecture or the practice of professional engineering. 20 “Registered interior design” includes all of the following: 21 (1) Programming, planning, pre-design analysis, and 22 conceptual design of interior nonstructural elements, including 23 but not limited to the selection of materials, furniture, 24 fixtures, and equipment, but not building equipment. 25 (2) Alteration or construction of interior nonstructural 26 elements and any interior technical submissions related to such 27 alteration or construction. 28 (3) Preparation of a physical plan of space within a 29 proposed or existing building or structure including all of the 30 following: 31 (a) Determinations of circulation systems or patterns. 32 (b) Determinations of the location of exit requirements 33 based on occupancy loads. 34 (c) Assessment and analysis of interior safety factors to 35 -2- HF 781.3724 (3) 89 ss/rh 2/ 9
comply with building codes related to interior nonstructural 1 elements. 2 (4) Application of building codes, fire codes, and 3 accessibility standards, including but not limited to the 4 federal Americans with Disabilities Act of 1990, as applicable 5 to interior technical submissions for interior nonstructural 6 elements. 7 (5) Rendering of designs, plans, drawings, specifications, 8 contract documents, or other interior technical submissions and 9 administration of interior nonstructural element construction 10 and contracts relating to nonstructural elements in interior 11 alteration or construction of a proposed or existing building 12 or structure. 13 b. “Registered interior design” does not include any of the 14 following: 15 (1) Services that constitute the practice of professional 16 engineering or professional architecture, except as otherwise 17 provided in this chapter. 18 (2) The making of changes or additions to any of the 19 following: 20 (a) The structural system of a building, including changing 21 the building’s live or dead load on the structural system. 22 (b) The building envelope, including exterior walls, 23 exterior wall coverings, exterior wall openings, exterior 24 windows and doors, architectural trim, balconies and similar 25 projections, bay and oriel windows, roof assemblies and rooftop 26 structures, and glass and glazing for exterior use in both 27 vertical and sloped applications in buildings and structures. 28 (c) The mechanical, plumbing, heating, air conditioning, 29 ventilation, electrical, vertical transportation, fire 30 sprinkler, or fire alarm systems. 31 (d) Means of egress systems, except for the exit access 32 component. 33 (e) Construction that materially affects life safety 34 systems pertaining to fire safety of structural elements or the 35 -3- HF 781.3724 (3) 89 ss/rh 3/ 9
fire protection of structural elements, smoke evacuation and 1 compartmentalization systems, or fire-rated vertical shafts in 2 multi-story structures. 3 (f) Changes of building use to occupancies not already 4 allowed by the current building. 5 (g) The construction classification of the building or 6 structure according to the international building code. 7 Sec. 3. Section 544C.2, subsection 1, Code 2022, is amended 8 to read as follows: 9 1. An interior design examining board is established within 10 the bureau. The board consists of seven members: five members 11 who are interior designers who are registered under this 12 chapter and who have been in the active practice of registered 13 interior design for not less than five years, the last two of 14 which shall have been in Iowa; and two members who are not 15 registered under this chapter and who shall represent the 16 general public. Members shall be appointed by the governor 17 subject to confirmation by the senate. 18 Sec. 4. Section 544C.5, unnumbered paragraph 1, Code 2022, 19 is amended to read as follows: 20 Each applicant for registration must meet the registered 21 interior design education and practical training requirements 22 adopted by rule by the board, and have passed an examination 23 prescribed by the board that is task-oriented, focused 24 on public safety, and validated by a recognized testing 25 agency. The bureau shall register an individual who submits 26 an application to the board on the form and in the manner 27 prescribed by the board as a registered interior designer if 28 the individual satisfies the following requirements: 29 Sec. 5. Section 544C.5, subsection 2, paragraphs a, b, and 30 c, Code 2022, are amended to read as follows: 31 a. Four years of registered interior design education plus 32 two years of full-time work experience in registered interior 33 design. 34 b. Three years of registered interior design education plus 35 -4- HF 781.3724 (3) 89 ss/rh 4/ 9
three years of full-time work experience in registered interior 1 design. 2 c. Two years of registered interior design education plus 3 four years of full-time work experience in registered interior 4 design. 5 Sec. 6. Section 544C.10, subsection 1, Code 2022, is amended 6 to read as follows: 7 1. It is unlawful for a person to use the title, or aid 8 or abet a person in using the title, of “registered interior 9 designer” or any title or device indicating that the person 10 is a registered interior designer unless the person has been 11 issued a certificate of registration as provided in this 12 chapter . This section does not prohibit the provision of 13 registered interior design services, or the use of the terms 14 “interior design” or “interior designer”, by an architect or by 15 a person who is not registered as an interior designer. 16 Sec. 7. Section 544C.12, Code 2022, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 4. A person engaged in an activity 19 traditionally performed by an interior designer, including 20 a professional service limited to the planning, design, 21 and implementation of kitchen and bathroom spaces or the 22 specification of products for kitchen and bathroom areas, in a 23 noncommercial setting. 24 NEW SUBSECTION . 5. A person not registered under this 25 chapter acting under the instruction, control, or supervision 26 of a registered interior designer, or a person executing 27 the plans of a registered interior designer, provided that 28 such a person shall not be in charge of interior technical 29 submissions. 30 Sec. 8. NEW SECTION . 544C.14 Registered interior designers 31 —— stamp and seal. 32 1. A registered interior designer shall have a seal with 33 which to identify all interior technical submissions issued by 34 the registered interior designer for use in this state. The 35 -5- HF 781.3724 (3) 89 ss/rh 5/ 9
seal shall be of a design, content, and size prescribed by the 1 board. A registered interior designer shall only sign and seal 2 an interior technical submission within the scope of registered 3 interior design. 4 2. Interior technical submissions prepared by a registered 5 interior designer, or under a registered interior designer’s 6 direct supervision and responsible charge, shall be stamped 7 with the impression of the registered interior designer’s seal. 8 A registered interior designer shall not impress the registered 9 interior designer’s seal on an interior technical submission 10 if the registered interior designer was not the author of 11 the interior technical submission or if interior technical 12 submission was not prepared under the registered interior 13 designer’s direct supervision and responsible charge. 14 3. A registered interior designer may sign and seal an 15 interior technical submission covering the scope of the 16 registered interior design and shall have the authority to 17 submit such interior technical submission to a state or local 18 governmental entity for the purpose of obtaining any requisite 19 permit for an interior alteration or construction project. 20 4. The placement of the registered interior designer’s 21 signature and seal shall indicate the document or part thereof 22 for which the seal applies. The seal and date may be affixed 23 electronically. The registered interior designer may provide, 24 at the sole discretion of the registered interior designer, 25 an original signature in the handwriting of the registered 26 interior designer, a scanned copy of the document bearing an 27 original signature, or a computer-generated signature. 28 5. A registered interior designer shall not affix, or permit 29 to be affixed, the registration number, seal, or signature of 30 the registered interior designer to any interior technical 31 submission that the registered interior designer is not 32 competent to perform. 33 6. A registered interior designer shall not sign and seal 34 an interior technical submission that was not prepared by the 35 -6- HF 781.3724 (3) 89 ss/rh 6/ 9
registered interior designer or under the direct supervision 1 and responsible charge of the registered interior designer. 2 Sec. 9. NEW SECTION . 544C.15 Registered interior designer 3 stamp and seal —— conflicts of interest —— penalties. 4 1. A person shall not intentionally do any of the following: 5 a. Affix the signature or seal of a registered interior 6 designer to any interior technical submission without the 7 permission of the registered interior designer. 8 b. Use or attempt to use the interior design registration or 9 seal of another except as provided in section 544C.14. 10 c. Impersonate a registered interior designer. 11 d. Obtain or attempt to obtain registration from the board 12 by fraud. 13 e. Make any willfully false oath or affirmation to the 14 board. 15 f. As a registered interior designer, accept compensation 16 from a client in connection with a registered interior design 17 project, except as payment for the provision of registered 18 interior design services, which would reasonably appear to 19 compromise the registered interior designer’s professional 20 judgment in serving the best interests of the client or public. 21 2. A person who intentionally violates a provision of 22 subsection 1 is guilty of a simple misdemeanor. 23 3. A registered interior designer shall avoid conflicts of 24 interest. 25 a. If an unavoidable conflict of interests arises, a 26 registered interior designer shall do all of the following: 27 (1) Immediately inform the client or employer of all 28 circumstances that may interfere with or impair the obligation 29 of the registered interior designer to provide professional 30 services. 31 (2) Notify the client or employer and withdraw from 32 employment at any time when it is not possible to faithfully 33 discharge the responsibilities and duties owed to the client 34 or employer. 35 -7- HF 781.3724 (3) 89 ss/rh 7/ 9
b. If an unavoidable conflict of interest arises, a 1 registered interior designer shall not do any of the following: 2 (1) Agree to perform professional registered interior 3 design services for a client or employer if the registered 4 interior designer has a significant financial or other interest 5 that would impair or interfere with the responsibility of 6 the registered interior designer to faithfully discharge 7 professional interior design services on behalf of the client 8 or employer. 9 (2) Accept payment from any party other than a client or 10 employer for a particular project and not have any direct or 11 indirect financial interest in a service or phase of a service 12 to be provided as part of a project unless the client or 13 employer approves of the conflict. 14 (3) Solicit or accept anything of value from material or 15 equipment suppliers in return for specifying or endorsing a 16 product. 17 (4) Violate the confidences of a client or employer except 18 as otherwise required by law. 19 (5) Perform services for a client or employer while a 20 full-time employee of another employer without notifying all 21 parties concerned. 22 4. This section shall not limit the professional 23 responsibility of a registered interior designer to an owner of 24 a project when the registered interior designer is employed by 25 a person under contract to engage in interior design practice 26 for that project. 27 Sec. 10. NEW SECTION . 544C.16 Submission of interior 28 technical submissions. 29 1. A registered interior designer may sign and seal an 30 interior technical submission that is required for an interior 31 alteration or construction project and that shall be kept as 32 public record. 33 2. If a political subdivision of the state requires a 34 seal or stamp on an interior technical submission that is 35 -8- HF 781.3724 (3) 89 ss/rh 8/ 9
submitted for an interior alteration or construction project, 1 the political subdivision shall accept an interior technical 2 submission impressed with the seal or stamp of a registered 3 interior designer consistent with the provisions of section 4 544C.14. 5 Sec. 11. REPEAL. Section 544C.13, Code 2022, is repealed. > 6 2. Title page, lines 1 and 2, by striking < interior design, 7 providing penalties, and including effective date provisions > 8 and inserting < registered interior design and providing 9 penalties > 10 ______________________________ COMMITTEE ON STATE GOVERNMENT ROBY SMITH, CHAIRPERSON -9- HF 781.3724 (3) 89 ss/rh 9/ 9 #2.