S.F. 445 Section 1. Section 544C.1, subsections 3 and 4, Code 2021, 1 are amended to read as follows: 2 3. a. “Interior design” means the design of interior spaces 3 as a part of an interior alteration or construction project 4 including the preparation of documents interior technical 5 submissions relating to space planning, finish materials, 6 furnishings, fixtures, and equipment, and the preparation of 7 documents relating to interior construction that does not 8 affect the mechanical or structural systems of a building. 9 “Interior design” does not include services that constitute 10 the practice of architecture or the practice of professional 11 engineering. “Interior design” includes all of the following: 12 (1) Programming, planning, pre-design analysis, and 13 conceptual design of interior nonstructural elements, including 14 but not limited to the selection of materials, furniture, 15 fixtures, and equipment, but not building equipment. 16 (2) Alteration or construction of interior nonstructural 17 elements and any interior technical submissions related to such 18 alteration or construction. 19 (3) Preparation of a physical plan of space within a 20 proposed or existing building or structure including all of the 21 following: 22 (a) Determinations of circulation systems or patterns. 23 (b) Determinations of the location of exit requirements 24 based on occupancy loads. 25 (c) Assessment and analysis of interior safety factors to 26 comply with building codes related to interior nonstructural 27 elements. 28 (4) Review, analysis, evaluation, and interpretation of 29 building codes, fire codes, and accessibility standards, 30 including but not limited to the federal Americans with 31 Disabilities Act of 1990, as applicable to interior technical 32 submissions for interior nonstructural elements. 33 (5) Rendering of designs, plans, drawings, specifications, 34 contract documents, or other interior technical submissions and 35 -1- LSB 2192XS (1) 89 ss/rh 1/ 10

S.F. 445 administration of interior nonstructural element construction 1 and contracts relating to nonstructural elements in interior 2 alteration or construction of a proposed or existing building 3 or structure. 4 b. “Interior design” does not include any of the following: 5 (1) Services that constitute the practice of professional 6 engineering. 7 (2) The making of changes or additions to any of the 8 following: 9 (a) Foundations, beams, trusses, columns, or other primary 10 structural framing members, or seismic systems. 11 (b) Structural concrete slabs. 12 (c) Openings in floor slabs, roofs, exterior walls 13 including exterior cladding, waterproofing, insulating systems, 14 and exterior decorative elements or load-bearing and shear 15 walls. 16 (d) Exterior penetrations, such as windows and doors. 17 (e) Heating, ventilating, or air conditioning equipment or 18 distribution systems, building management systems, high-voltage 19 or medium-voltage electrical distribution systems, standby or 20 emergency power or distribution systems, plumbing or plumbing 21 monitoring systems, or related building systems. 22 4. “Registered interior designer” means a person registered 23 under this chapter who is listed on the interior designer 24 registry operated by the board . 25 Sec. 2. Section 544C.1, Code 2021, is amended by adding the 26 following new subsections: 27 NEW SUBSECTION . 1A. “Building equipment” means any 28 mechanical plumbing, electrical, or structural components, 29 including a conveyance, designed for or located in a building 30 or structure. 31 NEW SUBSECTION . 2A. “Conveyance” means an elevator, 32 dumbwaiter, vertical reciprocating conveyor, escalator, or 33 other motorized vertical transportation system. 34 NEW SUBSECTION . 2B. “Direct supervision and responsible 35 -2- LSB 2192XS (1) 89 ss/rh 2/ 10

S.F. 445 charge” means a registered interior designer’s personal 1 supervisory control of work of which the registered interior 2 designer has detailed professional knowledge. In respect 3 to preparing interior technical submissions, “direct 4 supervision and responsible charge” means that the registered 5 interior designer has the exercising, directing, guiding, 6 and restraining power over the preparation of the interior 7 technical submission, and exercises professional judgment in 8 all matters embodied in the interior technical submission. 9 “Direct supervision and responsible charge” does not mean 10 reviewing the interior technical submission prepared by another 11 person unless the reviewer actually exercises supervision and 12 control and is in responsible charge of the interior technical 13 submission. 14 NEW SUBSECTION . 2C. “Interior alteration or construction 15 project” means a project for an interior space or area within 16 a proposed or existing building or structure, including 17 construction, modification, renovation, rehabilitation, or 18 historic preservation, that involves changing or altering any 19 of the following: 20 a. The design function or layout of rooms. 21 b. The state of permanent fixtures or equipment. 22 NEW SUBSECTION . 3A. “Interior nonstructural element” means 23 an interior design element that does not require structural 24 bracing and that is not a load-bearing element of a structure 25 that is essential to structural integrity. 26 NEW SUBSECTION . 3B. “Interior technical submission” means 27 a design, drawing, specification, study, or other technical 28 report or calculation that establishes the scope of an interior 29 design project including a description of standards. 30 Sec. 3. Section 544C.7, Code 2021, is amended to read as 31 follows: 32 544C.7 Registration issuance. 33 1. When an applicant has complied with the qualifications 34 for registration in section 544C.5 or 544C.6 to the 35 -3- LSB 2192XS (1) 89 ss/rh 3/ 10

S.F. 445 satisfaction of a majority of the members of the board and 1 has paid the fees prescribed by the board, the board shall 2 enroll the applicant’s name and address in the roster of 3 registered interior designers and issue to the applicant a 4 registration certificate, signed by the officers of the board. 5 The certificate shall entitle the applicant to use the title 6 “registered interior designer” in this state. 7 2. Notwithstanding sections 544C.5 and 544C.6, the board 8 shall enroll an applicant’s name and address in the roster of 9 registered interior designers and issue to the applicant a 10 registration certificate, signed by the officers of the board, 11 if the applicant holds a license in good standing to practice 12 architecture pursuant to the laws of this state and has paid 13 the fees prescribed by the board. The certificate shall 14 entitle the applicant to use the title “registered interior 15 designer” in this state. 16 Sec. 4. NEW SECTION . 544C.7A Registration renewal. 17 A registration issued pursuant to this chapter shall expire 18 after such time as determined by the board by rule. The board 19 shall adopt rules for the renewal of registrations, including 20 the manner of renewal and required fees, and penalties and 21 conditions for renewal of an expired registration. 22 Sec. 5. Section 544C.12, Code 2021, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 4. An unregistered person acting under the 25 instruction, control, or supervision of a registered interior 26 designer, or a person executing the plans of a registered 27 interior designer, provided that such an unregistered person 28 shall not be in charge of interior technical submissions. 29 Sec. 6. NEW SECTION . 544C.14 Registered interior designers 30 —— stamp and seal. 31 1. A registered interior designer shall have a seal with 32 which to identify all interior technical submissions issued by 33 the registered interior designer for use in this state. The 34 seal shall be of a design, content, and size prescribed by the 35 -4- LSB 2192XS (1) 89 ss/rh 4/ 10

S.F. 445 board. A registered interior designer shall only sign and seal 1 an interior technical submission within the scope of interior 2 design. 3 2. Interior technical submissions prepared by a registered 4 interior designer, or under a registered interior designer’s 5 direct supervision and responsible charge, shall be stamped 6 with the impression of the registered interior designer’s seal. 7 The board shall designate by rule the location, frequency, and 8 other requirements for use of the seal. A registered interior 9 designer shall not impress the registered interior designer’s 10 seal on an interior technical submission if the registered 11 interior designer was not the author of the interior technical 12 submission or if interior technical submission was not prepared 13 under the registered interior designer’s direct supervision and 14 responsible charge. 15 3. A registered interior designer may sign and seal an 16 interior technical submission covering the scope of the 17 interior design and shall have the authority to submit such 18 interior technical submission to a state or local governmental 19 entity for the purpose of obtaining any requisite permit for an 20 interior alteration or construction project. 21 4. The placement of the registered interior designer’s 22 signature and seal shall indicate the document or part thereof 23 for which the seal applies. The seal and date may be affixed 24 electronically. The registered interior designer may provide, 25 at the sole discretion of the registered interior designer, 26 an original signature in the handwriting of the registered 27 interior designer, a scanned copy of the document bearing an 28 original signature, or a computer-generated signature. 29 5. A registered interior designer shall not affix, or permit 30 to be affixed, the registration number, seal, or signature of 31 the registered interior designer to any interior technical 32 submission that the registered interior designer is not 33 competent to perform. 34 6. A registered interior designer shall not sign and seal 35 -5- LSB 2192XS (1) 89 ss/rh 5/ 10

S.F. 445 an interior technical submission that was not prepared by the 1 registered interior designer or under the direct supervision 2 and responsible charge of the registered interior designer. 3 Sec. 7. NEW SECTION . 544C.15 Registered interior designer 4 stamp and seal —— conflicts of interest —— penalties. 5 1. A person shall not intentionally do any of the following: 6 a. Affix the signature or seal of a registered interior 7 designer to any interior technical submission without the 8 permission of the registered interior designer. 9 b. Use or attempt to use the interior design registration or 10 seal of another except as provided in section 544C.14. 11 c. Impersonate a registered interior designer. 12 d. Obtain or attempt to obtain registration from the board 13 by fraud. 14 e. Make any willfully false oath or affirmation to the 15 board. 16 2. A person who intentionally violates a provision of 17 subsection 1 is guilty of a simple misdemeanor. 18 3. A registered interior designer shall avoid conflicts of 19 interest. 20 a. If an unavoidable conflict of interests arises, a 21 registered interior designer shall do all of the following: 22 (1) Immediately inform the client or employer of all 23 circumstances that may interfere with or impair the obligation 24 of the registered interior designer to provide professional 25 services. 26 (2) Notify the client or employer and withdraw from 27 employment at any time when it is not possible to faithfully 28 discharge the responsibilities and duties owed to the client 29 or employer. 30 b. If an unavoidable conflict of interest arises, a 31 registered interior designer shall not do any of the following: 32 (1) Agree to perform professional interior design services 33 for a client or employer if the registered interior designer 34 has a significant financial or other interest that would impair 35 -6- LSB 2192XS (1) 89 ss/rh 6/ 10

S.F. 445 or interfere with the responsibility of the registered interior 1 designer to faithfully discharge professional interior design 2 services on behalf of the client or employer. 3 (2) Accept payment from any party other than a client or 4 employer for a particular project and not have any direct or 5 indirect financial interest in a service or phase of a service 6 to be provided as part of a project unless the client or 7 employer approves of the conflict. 8 (3) Solicit or accept anything of value from material or 9 equipment suppliers in return for specifying or endorsing a 10 product. 11 (4) Violate the confidences of a client or employer except 12 as otherwise required by law. 13 (5) Perform services for a client or employer while a 14 full-time employee of another employer without notifying all 15 parties concerned. 16 4. This section shall not limit the professional 17 responsibility of a registered interior designer to an owner of 18 a project when the registered interior designer is employed by 19 a person under contract to engage in interior design practice 20 for that project. 21 Sec. 8. NEW SECTION . 544C.16 Submission of interior 22 technical submissions. 23 1. A registered interior designer may sign and seal an 24 interior technical submission that is required for an interior 25 alteration or construction project and that shall be kept as 26 public record. 27 2. If a political subdivision of the state requires a 28 seal or stamp on an interior technical submission that is 29 submitted for an interior alteration or construction project, 30 the political subdivision shall accept an interior technical 31 submission impressed with the seal or stamp of a registered 32 interior designer consistent with the provisions of section 33 544C.14. 34 Sec. 9. NEW SECTION . 544C.17 Limitations. 35 -7- LSB 2192XS (1) 89 ss/rh 7/ 10

S.F. 445 This chapter does not do any of the following: 1 1. Prohibit a person from engaging in an activity 2 traditionally performed by an interior designer or interior 3 decorator, including a professional service limited to the 4 planning, design, and implementation of kitchen and bathroom 5 spaces or the specification of products for kitchen and 6 bathroom areas. 7 2. Prevent or restrict the practice, service, or activity 8 of a person acting within the scope of the person’s licensed 9 profession or occupation. 10 Sec. 10. REPEAL. Section 544C.13, Code 2021, is repealed. 11 Sec. 11. EMERGENCY RULES. The interior design practice 12 examining board may adopt emergency rules under section 17A.4, 13 subsection 3, and section 17A.5, subsection 2, paragraph “b”, 14 to implement the provisions of this Act and the rules shall 15 be effective immediately upon filing unless a later date is 16 specified in the rules. Any rules adopted in accordance with 17 this section shall also be published as a notice of intended 18 action as provided in section 17A.4. 19 Sec. 12. 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 defines “interior design” as including the 26 preparation of interior technical submissions, defined in the 27 bill as a design that establishes the scope of an interior 28 design project, and removes an exclusion from the term for 29 services that constitute the practice of architecture. The 30 bill also lists certain practices that constitute interior 31 design and certain practices that do not constitute interior 32 design. The bill includes definitions for certain terms 33 relating to the scope of interior design. 34 The bill requires the interior design examining board 35 -8- LSB 2192XS (1) 89 ss/rh 8/ 10

S.F. 445 (board) to issue a registration certificate to a person who 1 submits an application fee prescribed by the board and holds 2 a license in good standing to practice architecture in this 3 state. The bill requires the board to set by rule the time 4 after which interior design registrations expire and the 5 conditions of registration renewals. 6 The bill exempts from the provisions of Code chapter 7 544C (registered interior designers) an unregistered person 8 acting under the instruction, control, or supervision of 9 a registered interior designer, or a person executing the 10 plans of a registered interior designer, provided that such 11 an unregistered person is not placed in charge of interior 12 technical submission work. 13 The bill requires each registered interior designer to have 14 a seal with which to identify all technical submissions issued 15 by the registered interior designer for use in this state. 16 The registered interior designer may use a seal to sign and 17 seal interior technical submissions, or a portion thereof, but 18 only to the extent that such submissions cover interior design 19 practice that the registered interior designer is competent to 20 perform. Such signed and sealed interior technical submissions 21 shall be accepted by state or local government entities to 22 satisfy requirements for the issuance of a permit for an 23 interior alteration or construction project. A registered 24 interior designer shall not sign and seal an interior technical 25 submission that was not prepared by or under the direct 26 supervision and responsible charge of the registered interior 27 designer. The bill requires the board to adopt rules for the 28 form and use of seals used by registered interior designers. 29 A person who intentionally affixes the signature or seal 30 of a registered interior designer to an interior technical 31 submission without the permission of the registered interior 32 designer, uses or attempts to use the interior design 33 registration or seal of another, impersonates a registered 34 interior designer, obtains or attempts to obtain a registration 35 -9- LSB 2192XS (1) 89 ss/rh 9/ 10

S.F. 445 from the board by fraud, or makes any willfully false oath or 1 affirmation to the board is guilty of a simple misdemeanor. A 2 simple misdemeanor is punishable by confinement for no more 3 than 30 days or a fine of at least $105 but not more than $855 4 or by both. 5 The bill requires a registered interior designer to avoid 6 conflicts of interest. When a conflict of interest cannot be 7 avoided, the bill creates a mandatory series of procedures for 8 the registered interior designer to perform. 9 The bill specifies that Code chapter 544C does not prohibit 10 a person from engaging in an activity traditionally performed 11 by an interior designer or interior decorator or restrict the 12 activities of a person acting within the scope of the person’s 13 licensed profession. 14 The bill repeals a Code section relating to transition 15 provisions for the registration of certain interior designers 16 that is no longer in effect by its own terms. 17 The bill gives the board emergency rulemaking authority to 18 implement the provisions of the bill. 19 The bill takes effect upon enactment. 20 -10- LSB 2192XS (1) 89 ss/rh 10/ 10