House Study Bill 651 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) 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 TLSB 5763YC (5) 88 ss/rh
H.F. _____ 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 35 -1- LSB 5763YC (5) 88 ss/rh 1/ 10
H.F. _____ 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 35 -2- LSB 5763YC (5) 88 ss/rh 2/ 10
H.F. _____ 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 35 -3- LSB 5763YC (5) 88 ss/rh 3/ 10
H.F. _____ 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. 35 -4- LSB 5763YC (5) 88 ss/rh 4/ 10
H.F. _____ 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 35 -5- LSB 5763YC (5) 88 ss/rh 5/ 10
H.F. _____ 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 35 -6- LSB 5763YC (5) 88 ss/rh 6/ 10
H.F. _____ 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 35 -7- LSB 5763YC (5) 88 ss/rh 7/ 10
H.F. _____ 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 35 -8- LSB 5763YC (5) 88 ss/rh 8/ 10
H.F. _____ 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 35 -9- LSB 5763YC (5) 88 ss/rh 9/ 10
H.F. _____ 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. 10 -10- LSB 5763YC (5) 88 ss/rh 10/ 10