Analysis of Interior Design Legislation

{"version":"0.3.0","atoms":[],"cards":[],"markups":[["strong"],["b"],["i"],["em"]],"sections":[[1,"p",[[0,[0],1,"2019\nSenate Bill 303 \u2502 2019 Assembly Bill 324"]]],[1,"h2",[[0,[0],1,"Proposed Legislation relating to\nRegistration \u0026 the Scope of Practice of Interior Designers"]]],[1,"p",[[0,[],0,"Proposed legislation has been introduced\nin the Wisconsin Legislature that would significantly revise existing state law\ngoverning the registration of interior designers and the scope of interior\ndesign practice. "]]],[1,"p",[[0,[],0,"The proposal runs counter to prevailing\ntrends in support of deregulation initiatives to eliminate or reduce state\noccupational licensing requirements. Arguments put forth by proponents of\ninterior design regulation directly challenge architects and existing state statutory\nrequirements enacted to protect public health, safety and welfare."]]],[1,"blockquote",[[0,[1,2],2,"UPDATE:"],[0,[2],1," The Wisconsin Senate passed Senate\nBill 303 in January 2020 and sent it to the Wisconsin Assembly. AIA Wisconsin\ntestified in opposition to the proposed legislation. The proposal, if passed by\nthe Assembly and signed into law by the Governor, would allow Wisconsin\nregistered interior designers to practice architecture and submit plans for\ninterior projects that do not affect the mechanical or structural systems of a\nbuilding. AIA Wisconsin believes the legislation is unnecessary because it does\nnot protect the consumer or enhance public safety. The following analysis,\npublished in July 2019, highlights the significant problems with the proposed\nlegislation."]]],[1,"p",[[0,[],0,"The following offers an analysis of the\nproposed interior designer legislation in relation to existing state law\ngoverning the use of the title \u201cWisconsin registered interior designer\u201d and the\npractice of architecture."]]],[1,"h2",[[0,[],0,"Wisconsin Registered Interior Designers"]]],[1,"p",[[0,[],0,"Proponents of regulating interior design note\nthat Wisconsin has a voluntary registration option for interior designers."]]],[1,"p",[[0,[0,3],2,"Fact:"],[0,[],0,"\nCurrently, anyone can hold themselves out to the public as an interior designer\nand provide interior design services. Wisconsin only regulates the use of a\nspecific title \u2013 \u201cWisconsin registered interior designer.\u201d"]]],[1,"p",[[0,[0],1,"Wisconsin\u2019s\nTitle Law"],[0,[],0," \u2013 Existing\nWisconsin Statutes (Chapter 440 Subchapter X) and related administrative rules\n(SPS 130) govern who may use the title \u201cWisconsin registered interior\ndesigner.\u201d These statutory provisions and rules do not regulate the practice of\ninterior design \u2013 anyone can offer to provide and provide interior design\nservices in Wisconsin. Wisconsin is one of 19 states, including neighboring\nMinnesota, Illinois and Iowa, that have voluntary title registration for\ninterior designers with no permitting authority. In addition, 21 other states,\nincluding Michigan, have no title laws or permitting authority for interior\ndesigners at all."]]],[1,"h2",[[0,[],0,"Education, Experience \u0026 Examination"]]],[1,"p",[[0,[],0,"Proponents of regulating interior design\nargue that interior designer registration requires industry recognized\ncredentialing and rigorous testing."]]],[1,"p",[[0,[0,3],2,"Fact:"],[0,[],0,"\nThere are significant differences in registration requirements for interior\ndesigners compared to architects."]]],[1,"p",[[0,[0],1,"Interior\nDesigners"],[0,[],0," \u2013 Interior\ndesigner certification is the responsibility of the Council of Interior Design\nQuality (CIDQ), an independent nonprofit entity. Required interior design\nexperience may be self-reported with no independent verification. The CIDQ examination\nconsists of three sections with 370 questions and takes a total of eleven hours\nto complete. Only 15% of the CIDQ examination questions are related to codes\nand standards."]]],[1,"p",[[0,[0],1,"Architects"],[0,[],0," \u2013 Wisconsin and all other states have laws\nestablishing minimum education, experience and examination requirements to\nbecome registered as an architect. Qualifying work experience is documented as\npart of the Architect Experience Program (AXP) and verified by registered\narchitects supervising the work. All states utilize the Architect Registration\nExamination (ARE) developed by the National Council of Architectural\nRegistration Boards (NCARB). NCARB represents state registration boards\nappointed by Governors. Wisconsin is a member and represented by the Architect\nSection of the Joint Examining Board. In contrast to the interior designer\nexam, the ARE is made up of six separate tests, includes 605 questions and\ntakes 21 hours to complete. At least 22% of the ARE is related to building code\nissues, which is required to pass the exam."]]],[1,"h2",[[0,[],0,"Public Health \u0026 Safety"]]],[1,"p",[[0,[],0,"Proponents of interior design regulation argue\nthat Wisconsin interior designers must jump through additional hoops to utilize\ntheir knowledge and qualifications."]]],[1,"p",[[0,[0,3],2,"Fact:"],[0,[],0,"\nInterior designers in Wisconsin, whether registered with the state or not, currently\nmay provide their services on larger commercial building projects than their\ncounterparts in neighboring states as well as in most other states in the\ncountry."]]],[1,"p",[[0,[0],1,"Exempt\nBuildings"],[0,[],0," \u2013 Wisconsin\nStatutes allow any person, firm or corporation, including interior designers,\nto prepare plans for and\/or supervise the construction of buildings containing\nless than 50,000 cubic feet in total volume. In addition, state law allows\nanyone, including interior designers, to make repairs or interior alterations\nto buildings which do not affect health or safety. Wisconsin\u2019s 50,000 cubic\nfoot exemption is one of the largest allowed by any state in the country. In contrast,\nMinnesota, Michigan and Illinois do not have any similar floor area or building\nvolume exemptions. "]]],[1,"p",[[0,[0],1,"Architects\n\u0026 Professional Engineers"],[0,[],0,"\n\u2013 To protect public health and safety, Wisconsin Statutes (Chapter 443) and the\nWisconsin Commercial Building Code require the involvement of a registered\narchitect or professional engineer for the design and construction of larger buildings.\nAn architect or engineer must be responsible for preparing the plans and\nspecifications for and supervising the erection, enlargement or alteration of\nany building containing 50,000 cubic feet or more in total volume, including additions\nand structural alterations. Building owners are required to have a design\nprofessional and a supervising professional for building projects of this size.\nIf a building is 50,000 cubic feet in total volume or greater, the plans must\nbe prepared, signed, sealed and dated by a Wisconsin registered architect or\nengineer. The architect or engineer serving as the supervising professional is\nresponsible for on-site observations to determine if construction has been\ncompleted in substantial compliance with the approved plans and specifications and\nto confirm the building is safe for its intended occupancy."]]],[1,"h2",[[0,[],0,"Wisconsin Occupational Licensing Study"]]],[1,"p",[[0,[],0,"Proponents of regulating interior design argue\nthat the proposed legislation expanding the scope of interior design services\nwould reduce the cost of conducting business."]]],[1,"p",[[0,[0,3],2,"Fact:"],[0,[],0,"\nA recent legislative report on state occupational licensing requirements recommended\nthat Wisconsin eliminate the existing title registration for interior designers\nbecause it is such a burdensome requirement."]]],[1,"p",[[0,[0],1,"State\nOccupational Licensing Study Report"],[0,[],0,"\n\u2013 The Wisconsin Occupational Licensing Study Legislative Report, submitted by\nthe Department of Safety and Professional Services (DSPS) in December 2018,\nrecommended the elimination of the state\u2019s current title registration for interior\ndesigners. According to the report, there are 248 individuals registered to use\nthe title \u201cWisconsin registered interior designer.\u201d The report noted that \u201conly\n4 other states regulate\u201d the practice of interior design and that the\n\u201cregulation of interior designers has been identified by several studies as the\nmost burdensome licensing requirement of all occupations.\u201d"]]],[1,"h2",[[0,[],0,"Plan Stamping"]]],[1,"p",[[0,[],0,"Proponents of interior design regulation argue\nthat for certain projects interior designers must get their plans approved by\narchitects, increasing project costs for reviews that often are not thorough\nand a passive fulfillment of an obligation."]]],[1,"p",[[0,[0,3],2,"Fact:"],[0,[],0,"\nAttempts to justify expanding the scope of interior design services in this way\ndemand specific examples because such anecdotal allegations convey the\nimpression that architects and professional engineers are violating state law\nby stamping plans that have not been prepared by them or under their personal direction\nor control. "]]],[1,"p",[[0,[0],1,"Aiding\nUnauthorized Practice"],[0,[],0," \u2013 Wisconsin\nStatutes (Chapter 443) and administrative rules (A-E 8) related to professional\nconduct prohibit registered architects and professional engineers from\nimpressing their seal or stamp on documents that they have not prepared or have\nnot been prepared under their personal direction and control. This activity is referred\nto as \u201cplan stamping\u201d and is considered aiding the unauthorized practice of\narchitecture or engineering. Architects and professional engineers who engage\nin this activity put their license at risk."]]],[1,"h2",[[0,[],0,"Faster \u0026 Cheaper"]]],[1,"p",[[0,[],0,"Proponents of interior design regulation\nargue that allowing interior designers to stamp or seal remodeling plans will increase\ncompetition in the construction industry and enable interior build-out projects\nto be delivered faster."]]],[1,"p",[[0,[3,0],1,"Fact:"],[0,[],1,"\n"],[0,[],0,"Wisconsin\u2019s design and construction industry already is extremely competitive,\nwith constant pressure to design and build projects as rapidly and\ninexpensively as possible. It is important, however, to recognize that the pursuit\nof faster and cheaper buildings may conflict with the critical goal of\nprotecting public health and safety, which is the purpose of state laws and regulations\ngoverning the practice of architecture and professional engineering."]]],[1,"p",[[0,[],0,"\n"],[0,[0],1,"By\nthe Numbers"],[0,[],0," \u2013 To protect\nthe health, safety and welfare of the public, Wisconsin has regulated the\npractice of architecture since 1917. According to a table in the DSPS Wisconsin\nOccupational Licensing Study showing the number of active licenses, there are\n4,846 architects licensed in Wisconsin, 16,162 professional engineers and 248 interior\ndesigners. Roughly a third of the registered architects are residents of\nWisconsin. A recent list provided by DSPS contained 213 Wisconsin registered\ninterior designers, including 23 individuals with addresses outside of the\nstate."]]],[1,"p",[[0,[],0,"\n"],[0,[0],1,"History "],[0,[],0,"\u2013 Representatives of Wisconsin architect\nand interior designer organizations reached an agreement in 1995 regarding a\nproposed title law for interior designers. While architects supported the\nproposal, the Wisconsin Department of Regulation \u0026 Licensing opposed the\nlegislation. The law, which remains in effect today, governs the use of the\ntitle \u201cWisconsin registered interior designer\u201d and does not contain stamp or\nseal provisions. The legislation was consistent with a national accord at that\ntime between organizations representing architects and interior designers. As\npart of the agreement in Wisconsin, the interior designer organizations agreed\nnot to pursue a practice act."]]],[1,"h2",[[0,[],0,"National Registration Standards"]]],[1,"p",[[0,[],0,"Proponents of interior design regulation\nargue that the proposed legislation would bring the state in line with national\nindustry standards and remove unnecessary additional requirements."]]],[1,"p",[[0,[0,3],1,"Fact:"],[0,[],1,"\n"],[0,[],0,"Existing Wisconsin title law already relies on the national standard\nexamination developed by the Council for Interior Design Qualification (CIDQ)\nand mirrors the education and experience requirements established by this independent\nnonprofit group."]]],[1,"p",[[0,[],0,"\n"],[0,[0],1,"Examination"],[0,[],0," \u2013 Proposed interior design legislation\nwould delete examination process outlined in 440.963 and replace it with registration\nrequirement in 440.962(1) (am) that refers to examination approved by DSPS. The\nreality is that DSPS already uses the national CIDQ examination."]]],[1,"p",[[0,[0],1,"Education\n\u0026 Experience"],[0,[],0," \u2013 The\nproposed legislation also would delete existing education and experience\nrequirements from state statutes, relying instead on the education and\nexperience requirements established by the CIDQ. The CIDQ has the ability to\nadjust these requirements in the future without state approval. Interior\ndesigner candidates must complete the education and experience requirements\nprior to taking two of the three sections of the CIDQ examination. Authorizing\nan independent third-party entity to establish minimum education and experience\nrequirements effectively removes legislative oversight of this aspect of the\ninterior designer registration process. This would be contrary to recent\nlegislative activity to reign in the ability of state agencies to promulgate administrative\nrules without specific statutory authority. In addition, current CIDQ\nrequirements seem to conflict with 2013 Wisconsin Act 114 that prohibits requiring\nany education beyond high school to be eligible to take a state licensing\nexamination."]]],[1,"h2",[[0,[],0,"Other Issues \u0026 Concerns"]]],[1,"p",[[0,[0],1,"New\nDefinitions"],[0,[],0," \u2013 The\nproposed legislation contains new definitions for \u201cinterior design,\u201d \u201cinterior\nalteration or construction project,\u201d \u201cinterior life safety\u201d and \u201cinterior\ntechnical submission.\u201d These new definitions lack clarity and are subject to\ninterpretation. They fail to delineate a clear separation between interior\ndesign services and professional services that require the involvement of an architect\nor professional engineer. As proposed, there appears to be no limit on interior\ndesign services in relation to the size or type of project. The proposal for\nWisconsin registered interior designer stamps and seals is likely to create\nconfusion among building code officials and within the design and construction\nindustry. It will further complicate an already complex plan submittal and\nreview process as well as procedures for building inspection, code enforcement\nand occupancy permit in place to protect public health and safety."]]],[1,"p",[[0,[],0,"\n"],[0,[0],1,"Professional\nLiability"],[0,[],0," \u2013 As licensed\nprofessionals, architects and professional engineers are prohibited from hiding\nbehind any type of corporate veil to limit their personal liability. Whenever\narchitects provide professional services and impress their stamp or seal on\ndocuments, they are putting their personal assets at risk. Architects can\npurchase professional liability insurance to protect themselves from the long\ntail of liability exposure associated with building projects. This insurance is\nexpensive, has high deductibles and is offered only on a \u201cclaims-made\u201d basis,\nrequiring the coverage to be carried into retirement. The proposed legislation\nwould appear to expose Wisconsin registered interior designers to similar\npersonal risk and professional liability, increasing the cost of providing their\nservices."]]],[1,"p",[[0,[0],1,"Professional\nConduct"],[0,[],0," \u2013 Architects and\nprofessional engineers must comply with state rules governing professional\nconduct (A-E 8). No similar state professional conduct requirements exist for\ninterior designers. The professional conduct rules for architects require,\namong other things, that offers to perform professional services shall be\ntruthful, clients be immediately informed of any conflicts of interest, nothing\nof value may be solicited or accepted from material or equipment suppliers in\nreturn for specifying a product, and no agreement may be entered into that limits\nprofessional judgment related to public health, safety and welfare. The proposed\nlegislation does not address the need for disclosure when an interior designer\nis receiving a commission or compensation for the sale of materials they\nspecify."]]],[1,"p",[[0,[0],1,"Regulatory\n\u0026 Enforcement Structure"],[0,[],0,"\n\u2013 Currently, Wisconsin registered interior designers are credentialed directly\nby DSPS. No interior designer section or board is proposed to assist with the interpretation\nand enforcement of statutory requirements and related administrative rules. In\ncontrast, the Architect Section of the Joint Examining Board of Architects,\nLandscape Architects, Professional Engineers, Designers and Professional Land\nSurveyors is made up of three professional members and two public members\nappointed by the Governor and confirmed by the Senate. The section reviews\ncomplaints against registered architects and enforces the laws and\nadministrative rules governing the practice of architecture. In addition, the\nJoint Examining Board helps resolve potential gaps and overlaps among the\nrepresented professions."]]],[1,"p",[[0,[],0,"\n"],[0,[0],1,"Continuing\nEducation"],[0,[],0," \u2013 Wisconsin\nregistered interior designers are required to complete at least 9 hours of\ncontinuing education every two years to renew their certificate of\nregistration. There are no current or proposed requirements that any of these continuing\neducation hours be related to health, safety and welfare issues. In contrast,\narchitects are required to complete at least 24 hours of continuing education every\ntwo years to renew their license, with at least 16 of these hours related to\nhealth, safety and welfare issues."]]],[1,"p",[[0,[],0,"July 2019"]]],[1,"h2",[[0,[],0,"AIA Wisconsin"]]],[1,"p",[[0,[],0,"Founded in 1911, AIA Wisconsin is the\nstate society of the American Institute of Architects. With over 1,500\nindividual members, AIA Wisconsin represents architects and allied\nprofessionals in private practice, business, industry, government and\neducation."]]]]}