Bill Text: IA SF445 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the practice of interior design, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-01 - Subcommittee Meeting: 03/02/2021 1:00PM RM 24A. [SF445 Detail]
Download: Iowa-2021-SF445-Introduced.html
Senate
File
445
-
Introduced
SENATE
FILE
445
BY
COURNOYER
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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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
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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
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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
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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
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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
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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
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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.
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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
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(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
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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
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