Senate File 135 - Introduced SENATE FILE 135 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 27) A BILL FOR An Act relating to registered interior design and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1358SV (1) 90 ss/rh
S.F. 135 Section 1. Section 544C.1, Code 2023, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 1A. Building equipment means any 3 mechanical plumbing, electrical, or structural components, 4 including a conveyance, designed for or located in a building 5 or structure. 6 NEW SUBSECTION . 2A. Conveyance means an elevator, 7 dumbwaiter, vertical reciprocating conveyor, escalator, or 8 other motorized vertical transportation system. 9 NEW SUBSECTION . 2B. Direct supervision and responsible 10 charge means a registered interior designers personal 11 supervisory control of work of which the registered interior 12 designer has detailed professional knowledge. In respect 13 to preparing interior technical submissions, direct 14 supervision and responsible charge means that the registered 15 interior designer has the exercising, directing, guiding, 16 and restraining power over the preparation of the interior 17 technical submission, and exercises professional judgment in 18 all matters embodied in the interior technical submission. 19 Direct supervision and responsible charge does not mean 20 reviewing the interior technical submission prepared by another 21 person unless the reviewer actually exercises supervision and 22 control and is in responsible charge of the interior technical 23 submission. 24 NEW SUBSECTION . 2C. Interior alteration or construction 25 project means a project for an interior space or area within 26 a proposed or existing building or structure, including 27 construction, modification, renovation, rehabilitation, or 28 historic preservation, that involves changing or altering any 29 of the following: 30 a. The design function or layout of rooms. 31 b. The state of permanent fixtures or equipment. 32 NEW SUBSECTION . 3A. Interior nonstructural element means 33 an interior design element that does not require structural 34 bracing and that is not load-bearing according to adopted code. 35 -1- LSB 1358SV (1) 90 ss/rh 1/ 10
S.F. 135 NEW SUBSECTION . 3B. Interior technical submission means 1 a design, drawing, specification, study, or other technical 2 report or calculation that establishes the scope of an interior 3 alteration or construction project including a description of 4 standards. 5 Sec. 2. Section 544C.1, subsection 3, Code 2023, is amended 6 to read as follows: 7 3. a. Interior design Registered interior design 8 means the design of interior spaces as a part of an interior 9 alteration or construction project including the preparation 10 of documents interior technical submissions relating to 11 space planning, finish materials, furnishings, fixtures, 12 and equipment, and the preparation of documents relating to 13 interior construction that does not affect the mechanical 14 or structural engineered systems of a building. Interior 15 design does not include services that constitute the practice 16 of architecture or the practice of professional engineering. 17 Registered interior design includes all of the following: 18 (1) Programming, planning, pre-design analysis, and 19 conceptual design of interior nonstructural elements, including 20 but not limited to the selection of materials, furniture, 21 fixtures, and equipment, but not building equipment. 22 (2) Alteration or construction of interior nonstructural 23 elements and any interior technical submissions related to such 24 alteration or construction. 25 (3) Preparation of a physical plan of space within a 26 proposed or existing building or structure including all of the 27 following: 28 (a) Determinations of circulation systems or patterns. 29 (b) Determinations of the location of exit requirements 30 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) Application of building codes, fire codes, and 35 -2- LSB 1358SV (1) 90 ss/rh 2/ 10
S.F. 135 accessibility standards, including but not limited to the 1 federal Americans with Disabilities Act of 1990, as applicable 2 to interior technical submissions for interior nonstructural 3 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. Registered interior design does not include any of the 11 following: 12 (1) Services that constitute the practice of professional 13 engineering or professional architecture, except as otherwise 14 provided in this chapter. 15 (2) The making of changes or additions to any of the 16 following: 17 (a) The structural system of a building, including changing 18 the buildings live or dead load on the structural system. 19 (b) The building envelope, including exterior walls, 20 exterior wall coverings, exterior wall openings, exterior 21 windows and doors, architectural trim, balconies and similar 22 projections, bay and oriel windows, roof assemblies and rooftop 23 structures, and glass and glazing for exterior use in both 24 vertical and sloped applications in buildings and structures. 25 (c) The mechanical, plumbing, heating, air conditioning, 26 ventilation, electrical, vertical transportation, fire 27 sprinkler, or fire alarm systems. 28 (d) Means of egress systems, except for the exit access 29 component. 30 (e) Construction that materially affects life safety 31 systems pertaining to fire safety of structural elements or the 32 fire protection of structural elements, smoke evacuation and 33 compartmentalization systems, or fire-rated vertical shafts in 34 multi-story structures. 35 -3- LSB 1358SV (1) 90 ss/rh 3/ 10
S.F. 135 (f) Changes of building use to occupancies not already 1 allowed by the current building. 2 (g) The construction classification of the building or 3 structure according to the international building code. 4 Sec. 3. Section 544C.2, subsection 1, Code 2023, is amended 5 to read as follows: 6 1. An interior design examining board is established within 7 the bureau. The board consists of seven members: five members 8 who are interior designers who are registered under this 9 chapter and who have been in the active practice of registered 10 interior design for not less than five years, the last two of 11 which shall have been in Iowa; and two members who are not 12 registered under this chapter and who shall represent the 13 general public. Members shall be appointed by the governor 14 subject to confirmation by the senate. 15 Sec. 4. Section 544C.5, subsection 2, paragraphs a, b, and 16 c, Code 2023, are amended to read as follows: 17 a. Four years of interior design education plus two years of 18 full-time work experience in registered interior design. 19 b. Three years of interior design education plus three years 20 of full-time work experience in registered interior design. 21 c. Two years of interior design education plus four years of 22 full-time work experience in registered interior design. 23 Sec. 5. Section 544C.12, Code 2023, is amended by adding the 24 following new subsections: 25 NEW SUBSECTION . 4. A person engaged in an activity 26 traditionally performed by an interior designer, including 27 a professional service limited to the planning, design, 28 and implementation of kitchen and bathroom spaces or the 29 specification of products for kitchen and bathroom areas, in a 30 noncommercial setting. 31 NEW SUBSECTION . 5. A person not registered under this 32 chapter acting under the instruction, control, or supervision 33 of a registered interior designer, or a person executing 34 the plans of a registered interior designer, provided that 35 -4- LSB 1358SV (1) 90 ss/rh 4/ 10
S.F. 135 such a person shall not be in charge of interior technical 1 submissions. 2 Sec. 6. NEW SECTION . 544C.14 Registered interior designers 3 stamp and seal. 4 1. A registered interior designer shall have a seal with 5 which to identify all interior technical submissions issued by 6 the registered interior designer for use in this state. The 7 seal shall be of a design, content, and size prescribed by the 8 board. A registered interior designer shall only sign and seal 9 an interior technical submission within the scope of registered 10 interior design. 11 2. Interior technical submissions prepared by a registered 12 interior designer, or under a registered interior designers 13 direct supervision and responsible charge, shall be stamped 14 with the impression of the registered interior designers seal. 15 A registered interior designer shall not impress the registered 16 interior designers seal on an interior technical submission 17 if the registered interior designer was not the author of 18 the interior technical submission or if interior technical 19 submission was not prepared under the registered interior 20 designers direct supervision and responsible charge. 21 3. A registered interior designer may sign and seal an 22 interior technical submission covering the scope of the 23 registered interior design and shall have the authority to 24 submit such interior technical submission to a state or local 25 governmental entity for the purpose of obtaining any requisite 26 permit for an interior alteration or construction project. 27 4. The placement of the registered interior designers 28 signature and seal shall indicate the document or part thereof 29 for which the seal applies. The seal and date may be affixed 30 electronically. The registered interior designer may provide, 31 at the sole discretion of the registered interior designer, 32 an original signature in the handwriting of the registered 33 interior designer, a scanned copy of the document bearing an 34 original signature, or a computer-generated signature. 35 -5- LSB 1358SV (1) 90 ss/rh 5/ 10
S.F. 135 5. A registered interior designer shall not affix, or permit 1 to be affixed, the registration number, seal, or signature of 2 the registered interior designer to any interior technical 3 submission that the registered interior designer is not 4 competent to perform. 5 6. A registered interior designer shall not sign and seal 6 an interior technical submission that was not prepared by the 7 registered interior designer or under the direct supervision 8 and responsible charge of the registered interior designer. 9 Sec. 7. NEW SECTION . 544C.15 Registered interior designer 10 stamp and seal conflicts of interest penalties. 11 1. A person shall not intentionally do any of the following: 12 a. Affix the signature or seal of a registered interior 13 designer to any interior technical submission without the 14 permission of the registered interior designer. 15 b. Use or attempt to use the interior design registration or 16 seal of another except as provided in section 544C.14. 17 c. Impersonate a registered interior designer. 18 d. Obtain or attempt to obtain registration from the board 19 by fraud. 20 e. Make any willfully false oath or affirmation to the 21 board. 22 f. As a registered interior designer, accept compensation 23 from a client in connection with a registered interior design 24 project, except as payment for the provision of registered 25 interior design services, which would reasonably appear to 26 compromise the registered interior designers professional 27 judgment in serving the best interests of the client or public. 28 2. A person who intentionally violates a provision of 29 subsection 1 is guilty of a simple misdemeanor. 30 3. A registered interior designer shall avoid conflicts of 31 interest. 32 a. If an unavoidable conflict of interests arises, a 33 registered interior designer shall do all of the following: 34 (1) Immediately inform the client or employer of all 35 -6- LSB 1358SV (1) 90 ss/rh 6/ 10
S.F. 135 circumstances that may interfere with or impair the obligation 1 of the registered interior designer to provide professional 2 services. 3 (2) Notify the client or employer and withdraw from 4 employment at any time when it is not possible to faithfully 5 discharge the responsibilities and duties owed to the client 6 or employer. 7 b. If an unavoidable conflict of interest arises, a 8 registered interior designer shall not do any of the following: 9 (1) Agree to perform professional registered interior 10 design services for a client or employer if the registered 11 interior designer has a significant financial or other interest 12 that would impair or interfere with the responsibility of 13 the registered interior designer to faithfully discharge 14 professional interior design services on behalf of the client 15 or employer. 16 (2) Accept payment from any party other than a client or 17 employer for a particular project and not have any direct or 18 indirect financial interest in a service or phase of a service 19 to be provided as part of a project unless the client or 20 employer approves of the conflict. 21 (3) Solicit or accept anything of value from material or 22 equipment suppliers in return for specifying or endorsing a 23 product. 24 (4) Violate the confidences of a client or employer except 25 as otherwise required by law. 26 (5) Perform services for a client or employer while a 27 full-time employee of another employer without notifying all 28 parties concerned. 29 4. This section shall not limit the professional 30 responsibility of a registered interior designer to an owner of 31 a project when the registered interior designer is employed by 32 a person under contract to engage in interior design practice 33 for that project. 34 Sec. 8. NEW SECTION . 544C.16 Submission of interior 35 -7- LSB 1358SV (1) 90 ss/rh 7/ 10
S.F. 135 technical submissions. 1 1. A registered interior designer may sign and seal an 2 interior technical submission that is required for an interior 3 alteration or construction project and that shall be kept as a 4 public record. 5 2. If a political subdivision of the state requires a 6 seal or stamp on an interior technical submission that is 7 submitted for an interior alteration or construction project, 8 the political subdivision shall accept an interior technical 9 submission impressed with the seal or stamp of a registered 10 interior designer consistent with the provisions of section 11 544C.14. 12 Sec. 9. REPEAL. Section 544C.13, Code 2023, is repealed. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanations substance by the members of the general assembly. 16 This bill relates to the practice of interior design in Iowa. 17 The bill changes the defined term interior design to 18 registered interior design and includes specific practices 19 that do and do not constitute the practice of registered 20 interior design. The bill makes conforming Code changes. 21 The bill exempts from regulation under Code chapter 22 544C (registered interior designers) persons engaged in an 23 activity traditionally performed by an interior designer in a 24 noncommercial setting and persons acting under the instruction, 25 control, or supervision of a registered interior designer, 26 provided that person is not in charge of interior technical 27 submissions, defined in the bill. 28 The bill requires a registered interior designer to have a 29 seal with which to identify all interior technical submissions 30 issued by the registered interior designer for use in this 31 state. A registered interior designer shall only sign and 32 seal an interior technical submission within the scope of 33 registered interior design and which was prepared by the 34 registered interior designer or under the direct supervision 35 -8- LSB 1358SV (1) 90 ss/rh 8/ 10
S.F. 135 and responsible charge of the interior designer, defined 1 in the bill. The bill gives registered interior designers 2 the authority to submit interior technical submissions to 3 governmental entities for the purposes of obtaining a permit 4 for an interior alteration or construction project, defined in 5 the bill. The bill prohibits a registered interior designer 6 from signing and sealing any interior technical submission that 7 the registered interior designer is not competent to perform. 8 The bill also prohibits a person from intentionally affixing 9 the signature or seal of a registered interior designer 10 without the permission of the registered interior designer, 11 using or attempting to use the interior design registration 12 or seal of another except as otherwise allowed, impersonating 13 a registered interior designer, obtaining or attempting to 14 obtain a registration by fraud, making a willfully false oath 15 or affirmation to the interior design examining board, or, as 16 a registered interior designer, accepting compensation that 17 would reasonably appear to compromise the registered interior 18 designers professional judgment. A person who violates this 19 provision of the bill is guilty of a simple misdemeanor. A 20 simple misdemeanor is punishable by confinement for no more 21 than 30 days and a fine of at least $105 but not more than $855. 22 The bill requires a registered interior designer to avoid 23 conflicts of interest. If an unavoidable conflict of interest 24 arises, the bill requires a registered interior designer to 25 immediately inform the client or employer, and to withdraw if 26 it is not possible to faithfully discharge the responsibilities 27 and duties owed to the client or employer. The bill prohibits 28 a registered interior designer from taking certain actions when 29 an unavoidable conflict of interest arises. 30 The bill allows a registered interior designer to sign and 31 seal an interior technical submission that is required for an 32 interior alteration or construction project and that shall 33 be kept as a public record. The bill requires a political 34 subdivision of the state to accept an interior technical 35 -9- LSB 1358SV (1) 90 ss/rh 9/ 10
S.F. 135 submission impressed with the seal or stamp of a registered 1 interior designer. 2 The bill repeals transition provisions in the Code that are 3 no longer in effect. 4 -10- LSB 1358SV (1) 90 ss/rh 10/ 10