Bill Text: IA SF135 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to registered interior design and providing penalties. (Formerly SF 27.) Effective date: 07/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-05-12 - Fiscal note. [SF135 Detail]
Download: Iowa-2023-SF135-Enrolled.html
Senate
File
135
-
Enrolled
Senate
File
135
AN
ACT
RELATING
TO
REGISTERED
INTERIOR
DESIGN
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
544C.1,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
“Building
equipment”
means
any
mechanical
plumbing,
electrical,
or
structural
components,
including
a
conveyance,
designed
for
or
located
in
a
building
or
structure.
NEW
SUBSECTION
.
2A.
“Conveyance”
means
an
elevator,
dumbwaiter,
vertical
reciprocating
conveyor,
escalator,
or
other
motorized
vertical
transportation
system.
NEW
SUBSECTION
.
2B.
“Direct
supervision
and
responsible
charge”
means
a
registered
interior
designer’s
personal
supervisory
control
of
work
of
which
the
registered
interior
designer
has
detailed
professional
knowledge.
In
respect
to
preparing
interior
technical
submissions,
“direct
supervision
and
responsible
charge”
means
that
the
registered
interior
designer
has
the
exercising,
directing,
guiding,
and
restraining
power
over
the
preparation
of
the
interior
technical
submission,
and
exercises
professional
judgment
in
all
matters
embodied
in
the
interior
technical
submission.
“Direct
supervision
and
responsible
charge”
does
not
mean
reviewing
the
interior
technical
submission
prepared
by
another
person
unless
the
reviewer
actually
exercises
supervision
and
control
and
is
in
responsible
charge
of
the
interior
technical
Senate
File
135,
p.
2
submission.
NEW
SUBSECTION
.
2C.
“Interior
alteration
or
construction
project”
means
a
project
for
an
interior
space
or
area
within
a
proposed
or
existing
building
or
structure,
including
construction,
modification,
renovation,
rehabilitation,
or
historic
preservation,
that
involves
changing
or
altering
any
of
the
following:
a.
The
design
function
or
layout
of
rooms.
b.
The
state
of
permanent
fixtures
or
equipment.
NEW
SUBSECTION
.
3A.
“Interior
nonstructural
element”
means
an
interior
design
element
that
does
not
require
structural
bracing
and
that
is
not
load-bearing
according
to
adopted
code.
NEW
SUBSECTION
.
3B.
“Interior
technical
submission”
means
a
design,
drawing,
specification,
study,
or
other
technical
report
or
calculation
that
establishes
the
scope
of
an
interior
alteration
or
construction
project
including
a
description
of
standards.
Sec.
2.
Section
544C.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
a.
“Interior
design”
“Registered
interior
design”
means
the
design
of
interior
spaces
as
a
part
of
an
interior
alteration
or
construction
project
including
the
preparation
of
documents
interior
technical
submissions
relating
to
space
planning,
finish
materials,
furnishings,
fixtures,
and
equipment,
and
the
preparation
of
documents
relating
to
interior
construction
that
does
not
affect
the
mechanical
or
structural
engineered
systems
of
a
building.
“Interior
design”
does
not
include
services
that
constitute
the
practice
of
architecture
or
the
practice
of
professional
engineering.
“Registered
interior
design”
includes
all
of
the
following:
(1)
Programming,
planning,
pre-design
analysis,
and
conceptual
design
of
interior
nonstructural
elements,
including
but
not
limited
to
the
selection
of
materials,
furniture,
fixtures,
and
equipment,
but
not
building
equipment.
(2)
Alteration
or
construction
of
interior
nonstructural
elements
and
any
interior
technical
submissions
related
to
such
alteration
or
construction.
(3)
Preparation
of
a
physical
plan
of
space
within
a
proposed
or
existing
building
or
structure
including
all
of
the
Senate
File
135,
p.
3
following:
(a)
Determinations
of
circulation
systems
or
patterns.
(b)
Determinations
of
the
location
of
exit
requirements
based
on
occupancy
loads.
(c)
Assessment
and
analysis
of
interior
safety
factors
to
comply
with
building
codes
related
to
interior
nonstructural
elements.
(4)
Application
of
building
codes,
fire
codes,
and
accessibility
standards,
including
but
not
limited
to
the
federal
Americans
with
Disabilities
Act
of
1990,
as
applicable
to
interior
technical
submissions
for
interior
nonstructural
elements.
(5)
Rendering
of
designs,
plans,
drawings,
specifications,
contract
documents,
or
other
interior
technical
submissions
and
administration
of
interior
nonstructural
element
construction
and
contracts
relating
to
nonstructural
elements
in
interior
alteration
or
construction
of
a
proposed
or
existing
building
or
structure.
b.
“Registered
interior
design”
does
not
include
any
of
the
following:
(1)
Services
that
constitute
the
practice
of
professional
engineering
or
professional
architecture,
except
as
otherwise
provided
in
this
chapter.
(2)
The
making
of
changes
or
additions
to
any
of
the
following:
(a)
The
structural
system
of
a
building,
including
changing
the
building’s
live
or
dead
load
on
the
structural
system.
(b)
The
building
envelope,
including
exterior
walls,
exterior
wall
coverings,
exterior
wall
openings,
exterior
windows
and
doors,
architectural
trim,
balconies
and
similar
projections,
bay
and
oriel
windows,
roof
assemblies
and
rooftop
structures,
and
glass
and
glazing
for
exterior
use
in
both
vertical
and
sloped
applications
in
buildings
and
structures.
(c)
The
mechanical,
plumbing,
heating,
air
conditioning,
ventilation,
electrical,
vertical
transportation,
fire
sprinkler,
or
fire
alarm
systems.
(d)
Means
of
egress
systems,
except
for
the
exit
access
component.
(e)
Construction
that
materially
affects
life
safety
Senate
File
135,
p.
4
systems
pertaining
to
fire
safety
of
structural
elements
or
the
fire
protection
of
structural
elements,
smoke
evacuation
and
compartmentalization
systems,
or
fire-rated
vertical
shafts
in
multi-story
structures.
(f)
Changes
of
building
use
to
occupancies
not
already
allowed
by
the
current
building.
(g)
The
construction
classification
of
the
building
or
structure
according
to
the
international
building
code.
Sec.
3.
Section
544C.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
An
interior
design
examining
board
is
established
within
the
bureau.
The
board
consists
of
seven
members:
five
members
who
are
interior
designers
who
are
registered
under
this
chapter
and
who
have
been
in
the
active
practice
of
registered
interior
design
for
not
less
than
five
years,
the
last
two
of
which
shall
have
been
in
Iowa;
and
two
members
who
are
not
registered
under
this
chapter
and
who
shall
represent
the
general
public.
Members
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
Sec.
4.
Section
544C.5,
subsection
2,
paragraphs
a,
b,
and
c,
Code
2023,
are
amended
to
read
as
follows:
a.
Four
years
of
interior
design
education
plus
two
years
of
full-time
work
experience
in
registered
interior
design.
b.
Three
years
of
interior
design
education
plus
three
years
of
full-time
work
experience
in
registered
interior
design.
c.
Two
years
of
interior
design
education
plus
four
years
of
full-time
work
experience
in
registered
interior
design.
Sec.
5.
Section
544C.12,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
4.
A
person
engaged
in
an
activity
traditionally
performed
by
an
interior
designer,
including
a
professional
service
limited
to
the
planning,
design,
and
implementation
of
kitchen
and
bathroom
spaces
or
the
specification
of
products
for
kitchen
and
bathroom
areas,
in
a
noncommercial
setting.
NEW
SUBSECTION
.
5.
A
person
not
registered
under
this
chapter
acting
under
the
instruction,
control,
or
supervision
of
a
registered
interior
designer,
or
a
person
executing
the
plans
of
a
registered
interior
designer,
provided
that
Senate
File
135,
p.
5
such
a
person
shall
not
be
in
charge
of
interior
technical
submissions.
Sec.
6.
NEW
SECTION
.
544C.14
Registered
interior
designers
——
stamp
and
seal.
1.
A
registered
interior
designer
shall
have
a
seal
with
which
to
identify
all
interior
technical
submissions
issued
by
the
registered
interior
designer
for
use
in
this
state.
The
seal
shall
be
of
a
design,
content,
and
size
prescribed
by
the
board.
A
registered
interior
designer
shall
only
sign
and
seal
an
interior
technical
submission
within
the
scope
of
registered
interior
design.
2.
Interior
technical
submissions
prepared
by
a
registered
interior
designer,
or
under
a
registered
interior
designer’s
direct
supervision
and
responsible
charge,
shall
be
stamped
with
the
impression
of
the
registered
interior
designer’s
seal.
A
registered
interior
designer
shall
not
impress
the
registered
interior
designer’s
seal
on
an
interior
technical
submission
if
the
registered
interior
designer
was
not
the
author
of
the
interior
technical
submission
or
if
interior
technical
submission
was
not
prepared
under
the
registered
interior
designer’s
direct
supervision
and
responsible
charge.
3.
A
registered
interior
designer
may
sign
and
seal
an
interior
technical
submission
covering
the
scope
of
the
registered
interior
design
and
shall
have
the
authority
to
submit
such
interior
technical
submission
to
a
state
or
local
governmental
entity
for
the
purpose
of
obtaining
any
requisite
permit
for
an
interior
alteration
or
construction
project.
4.
The
placement
of
the
registered
interior
designer’s
signature
and
seal
shall
indicate
the
document
or
part
thereof
for
which
the
seal
applies.
The
seal
and
date
may
be
affixed
electronically.
The
registered
interior
designer
may
provide,
at
the
sole
discretion
of
the
registered
interior
designer,
an
original
signature
in
the
handwriting
of
the
registered
interior
designer,
a
scanned
copy
of
the
document
bearing
an
original
signature,
or
a
computer-generated
signature.
5.
A
registered
interior
designer
shall
not
affix,
or
permit
to
be
affixed,
the
registration
number,
seal,
or
signature
of
the
registered
interior
designer
to
any
interior
technical
submission
that
the
registered
interior
designer
is
not
Senate
File
135,
p.
6
competent
to
perform.
6.
A
registered
interior
designer
shall
not
sign
and
seal
an
interior
technical
submission
that
was
not
prepared
by
the
registered
interior
designer
or
under
the
direct
supervision
and
responsible
charge
of
the
registered
interior
designer.
Sec.
7.
NEW
SECTION
.
544C.15
Registered
interior
designer
stamp
and
seal
——
conflicts
of
interest
——
penalties.
1.
A
person
shall
not
intentionally
do
any
of
the
following:
a.
Affix
the
signature
or
seal
of
a
registered
interior
designer
to
any
interior
technical
submission
without
the
permission
of
the
registered
interior
designer.
b.
Use
or
attempt
to
use
the
interior
design
registration
or
seal
of
another
except
as
provided
in
section
544C.14.
c.
Impersonate
a
registered
interior
designer.
d.
Obtain
or
attempt
to
obtain
registration
from
the
board
by
fraud.
e.
Make
any
willfully
false
oath
or
affirmation
to
the
board.
f.
As
a
registered
interior
designer,
accept
compensation
from
a
client
in
connection
with
a
registered
interior
design
project,
except
as
payment
for
the
provision
of
registered
interior
design
services,
which
would
reasonably
appear
to
compromise
the
registered
interior
designer’s
professional
judgment
in
serving
the
best
interests
of
the
client
or
public.
2.
A
person
who
intentionally
violates
a
provision
of
subsection
1
is
guilty
of
a
simple
misdemeanor.
3.
A
registered
interior
designer
shall
avoid
conflicts
of
interest.
a.
If
an
unavoidable
conflict
of
interests
arises,
a
registered
interior
designer
shall
do
all
of
the
following:
(1)
Immediately
inform
the
client
or
employer
of
all
circumstances
that
may
interfere
with
or
impair
the
obligation
of
the
registered
interior
designer
to
provide
professional
services.
(2)
Notify
the
client
or
employer
and
withdraw
from
employment
at
any
time
when
it
is
not
possible
to
faithfully
discharge
the
responsibilities
and
duties
owed
to
the
client
or
employer.
b.
If
an
unavoidable
conflict
of
interest
arises,
a
Senate
File
135,
p.
7
registered
interior
designer
shall
not
do
any
of
the
following:
(1)
Agree
to
perform
professional
registered
interior
design
services
for
a
client
or
employer
if
the
registered
interior
designer
has
a
significant
financial
or
other
interest
that
would
impair
or
interfere
with
the
responsibility
of
the
registered
interior
designer
to
faithfully
discharge
professional
interior
design
services
on
behalf
of
the
client
or
employer.
(2)
Accept
payment
from
any
party
other
than
a
client
or
employer
for
a
particular
project
and
not
have
any
direct
or
indirect
financial
interest
in
a
service
or
phase
of
a
service
to
be
provided
as
part
of
a
project
unless
the
client
or
employer
approves
of
the
conflict.
(3)
Solicit
or
accept
anything
of
value
from
material
or
equipment
suppliers
in
return
for
specifying
or
endorsing
a
product.
(4)
Violate
the
confidences
of
a
client
or
employer
except
as
otherwise
required
by
law.
(5)
Perform
services
for
a
client
or
employer
while
a
full-time
employee
of
another
employer
without
notifying
all
parties
concerned.
4.
This
section
shall
not
limit
the
professional
responsibility
of
a
registered
interior
designer
to
an
owner
of
a
project
when
the
registered
interior
designer
is
employed
by
a
person
under
contract
to
engage
in
interior
design
practice
for
that
project.
Sec.
8.
NEW
SECTION
.
544C.16
Submission
of
interior
technical
submissions.
1.
A
registered
interior
designer
may
sign
and
seal
an
interior
technical
submission
that
is
required
for
an
interior
alteration
or
construction
project
and
that
shall
be
kept
as
a
public
record.
2.
If
a
political
subdivision
of
the
state
requires
a
seal
or
stamp
on
an
interior
technical
submission
that
is
submitted
for
an
interior
alteration
or
construction
project,
the
political
subdivision
shall
accept
an
interior
technical
submission
impressed
with
the
seal
or
stamp
of
a
registered
interior
designer
consistent
with
the
provisions
of
section
544C.14.
Senate
File
135,
p.
8
Sec.
9.
REPEAL.
Section
544C.13,
Code
2023,
is
repealed.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
135,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor