Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992 CHAPTER 507-H.F.No. 217 An act relating to occupations and professions; requiring the certification of interior designers; defining certified interior designer; providing for administration of certification requirements; changing the name of the board of architecture, engineering, land surveying, and landscape architecture; amending Minnesota Statutes 1990, sections 116J.70, subdivision 2a; 319A.02, subdivision 2; 326.02, subdivisions 1, 5, and by adding a subdivision; 326.03, subdivision 1; 326.031; 326.05; 326.06; 326.07; 326.08, subdivision 2; 326.09; 326.10, subdivisions 1, 2, and 2a; 326.11, subdivision 1; 326.12; 326.13; and 326.14; Minnesota Statutes 1991 Supplement, section 326.04. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1990, section 116J.70, subdivision 2a, is amended to read: Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or "license" does not include the following: (1) any occupational license or registration issued by a licensing board listed in section 214.01 or any occupational registration issued by the commissioner of health pursuant to section 214.13; (2) any license issued by a county, home rule charter city, statutory city, township, or other political subdivision; (3) any license required to practice the following occupation regulated by the following sections: (a) abstracters regulated pursuant to chapter 386; (b) accountants regulated pursuant to chapter 326; (c) adjusters regulated pursuant to chapter 72B; (d) architects regulated pursuant to chapter 326; (e) assessors regulated pursuant to chapter 270; (f) attorneys regulated pursuant to chapter 481; (g) auctioneers regulated pursuant to chapter 330; (h) barbers regulated pursuant to chapter 154; (i) beauticians regulated pursuant to chapter 155A; (j) boiler operators regulated pursuant to chapter 183; (k) chiropractors regulated pursuant to chapter 148; (l) collection agencies regulated pursuant to chapter 332; (m) cosmetologists regulated pursuant to chapter 155A; (n) dentists, registered dental assistants, and dental hygienists regulated pursuant to chapter 150A; (o) detectives regulated pursuant to chapter 326; (p) electricians regulated pursuant to chapter 326; (q) embalmers regulated pursuant to chapter 149; (r) engineers regulated pursuant to chapter 326; (s) insurance brokers and salespersons regulated pursuant to chapter 60A; (t) certified interior designers regulated pursuant to chapter 326; (u) midwives regulated pursuant to chapter 148;(u)(v) morticians regulated pursuant to chapter 149;(v)(w) nursing home administrators regulated pursuant to chapter 144A;(w)(x) optometrists regulated pursuant to chapter 148;(x)(y) osteopathic physicians regulated pursuant to chapter 147;(y)(z) pharmacists regulated pursuant to chapter 151;(z)(aa) physical therapists regulated pursuant to chapter 148;(aa)(bb) physicians and surgeons regulated pursuant to chapter 147;(bb)(cc) plumbers regulated pursuant to chapter 326;(cc)(dd) podiatrists regulated pursuant to chapter 153;(dd)(ee) practical nurses regulated pursuant to chapter 148;(ee)(ff) professional fundraisers regulated pursuant to chapter 309;(ff)(gg) psychologists regulated pursuant to chapter 148;(gg)(hh) real estate brokers, salespersons, and others regulated pursuant to chapters 82 and 83;(hh)(ii) registered nurses regulated pursuant to chapter 148;(ii)(jj) securities brokers, dealers, agents, and investment advisers regulated pursuant to chapter 80A;(jj)(kk) steamfitters regulated pursuant to chapter 326;(kk)(ll) teachers and supervisory and support personnel regulated pursuant to chapter 125;(ll)(mm) veterinarians regulated pursuant to chapter 156;(mm)(nn) watchmakers regulated pursuant to chapter 326;(nn)(oo) water conditioning contractors and installers regulated pursuant to chapter 326;(oo)(pp) water well contractors regulated pursuant to chapter 156A;(pp)(qq) water and waste treatment operators regulated pursuant to chapter 115;(qq)(rr) motor carriers regulated pursuant to chapter 221;(rr)(ss) professional corporations regulated pursuant to chapter 319A; (4) any driver's license required pursuant to chapter 171; (5) any aircraft license required pursuant to chapter 360; (6) any watercraft license required pursuant to chapter 86B; (7) any license, permit, registration, certification, or other approval pertaining to a regulatory or management program related to the protection, conservation, or use of or interference with the resources of land, air, or water, which is required to be obtained from a state agency or instrumentality; and (8) any pollution control rule or standard established by the pollution control agency or any health rule or standard established by the commissioner of health or any licensing rule or standard established by the commissioner of human services. Sec. 2. Minnesota Statutes 1990, section 319A.02, subdivision 2, is amended to read: Subd. 2. "Professional service" means personal service rendered by a professional pursuant to a license or certificate issued by the state of Minnesota to practice medicine and surgery pursuant to sections 147.01 to 147.29, chiropractic pursuant to sections 148.01 to 148.105, registered nursing pursuant to sections 148.171 to 148.285, optometry pursuant to sections 148.52 to 148.62, psychology pursuant to sections 148.88 to 148.98, dentistry pursuant to sections 150A.01 to 150A.12, pharmacy pursuant to sections 151.01 to 151.40, podiatric medicine pursuant to Laws 1987, chapter 108, sections 1 to 16, veterinary medicine pursuant to sections 156.001 to 156.14, architecture, engineering, surveying,andlandscape architecture, and certified interior design pursuant to sections 326.02 to 326.15, accountancy pursuant to sections 326.17 to 326.23, or law pursuant to sections 481.01 to 481.17, or pursuant to a license or certificate issued by another state pursuant to similar laws. Sec. 3. Minnesota Statutes 1990, section 326.02, subdivision 1, is amended to read: Subdivision 1. [REGISTRATIONLICENSURE OR CERTIFICATION MANDATORY.] In order to safeguard life, health, and property, and to promote the public welfare, any person in either public or private capacity practicing, or offering to practice, architecture, professional engineering, land surveying, or landscape architecture, or using the title certified interior designer in this state, either as an individual, a copartner, or as agent of another, shall beregisteredlicensed or certified as hereinafter provided. It shall be unlawful for any person to practice, or to offer to practice, in this state, architecture, professional engineering, land surveying, or landscape architecture, or to use the title certified interior designer, or to solicit or to contract to furnish work within the terms of sections 326.02 to 326.15, or to use in connection with the person's name, or to otherwise assume, use or advertise any title or description tending to convey the impression that the person is an architect, professional engineer (hereinafter called engineer), land surveyoror, landscape architect, or certified interior designer, unless such person is qualified byregistrationlicensure or certification under sections 326.02 to 326.15. Sec. 4. Minnesota Statutes 1990, section 326.02, is amended by adding a subdivision to read: Subd. 4b. [CERTIFIED INTERIOR DESIGNER.] (a) For the purposes of sections 326.02 to 326.15, "certified interior designer" means a person who is certified under section 326.10, to use the title certified interior designer and who provides services in connection with the design of public interior spaces, including preparation of documents relative to non-load-bearing interior construction, space planning, finish materials, and furnishings. (b) No person may use the title certified interior designer unless that person has been certified as an interior designer or has been exempted by the board. Registered architects may be certified without additional testing. Persons represent themselves to the public as certified interior designers if they use a title that incorporates the words certified interior designer. (c) Nothing in this section prohibits the use of the title interior designer or the term interior design by persons not certified by the board. (d) Nothing in this section restricts persons not certified by the board from providing interior design services and from saying that they provide such services, as long as they do not use the title certified interior designer. (e) Nothing in this section authorizes certified interior designers to engage in the practice of architecture as defined in subdivision 2 or the practice of engineering as defined in subdivision 3. Sec. 5. Minnesota Statutes 1990, section 326.02, subdivision 5, is amended to read: Subd. 5. [LIMITATION.] The provisions of sections 326.02 to 326.15 shall not apply to the preparation of plans and specifications for the erection, enlargement, or alteration of any building or other structure by any person, for that person's exclusive occupancy or use, unless such occupancy or use involves the public health or safety or the health or safety of the employees of said person, or of the buildings listed in section 326.03, subdivision 2, nor to any detailed or shop plans required to be furnished by a contractor to a registered engineer, landscape architect,orarchitect, or certified interior designer, nor to any standardized manufactured product, nor to any construction superintendent supervising the execution of work designed by an architect, landscape architect,orengineerregistered, or certified interior designer licensed or certified in accordance with section 326.03, nor to the planning for and supervision of the construction and installation of work by an electrical contractor or master plumber as defined in and licensed pursuant to this chapter, where such work is within the scope of such licensed activity and not within the practice of professional engineering, or architecture, or where the person does not claim to be a certified interior designer as defined insection 326.02, subdivisionssubdivision 2and, 3, or 4b. Sec. 6. Minnesota Statutes 1990, section 326.03, subdivision 1, is amended to read: Subdivision 1. No person, except an architect, engineer, land surveyoror, landscape architect, or certified interior designer, licensed or certified as provided for in sections 326.02 to 326.15 shall practice architecture, professional engineering, land surveying, or landscape architecture, or use the title certified interior designer, respectively, in the preparation of plans, specifications, reports, plats or other architectural, engineering, land surveyingor, landscape architectural, or interior design documents, or in the observation of architectural, engineering, land surveyingor, landscape architectural, or interior design projects. In preparation of such documents, reasonable care shall be given to compliance with applicable laws, ordinances, and building codes relating to design. Sec. 7. Minnesota Statutes 1990, section 326.031, is amended to read: 326.031 [SPECIFICATIONS FOR PUBLIC FACILITIES, USE OF BRAND NAMES.] Any engineer, architect, certified interior designer, or other person preparing specifications with respect to a contract for the construction of any facility for the state, or any agency or department thereof, or for any county, city, town, or school district, shall at the time of submitting such specifications to the governing body of the organization requesting the specifications, submit to such body, in writing, a list showing each item in the specifications which has been specified by brand name, unless such specifications allow for the consideration of an equal. Sec. 8. Minnesota Statutes 1991 Supplement, section 326.04, is amended to read: 326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYINGAND, LANDSCAPE ARCHITECTURE, AND INTERIOR DESIGN.] To carry out the provisions of sections 326.02 to 326.15 there is hereby created a board of architecture, engineering, land surveyingand, landscape architecture, and interior design (hereinafter called the board) consisting of1720 members, who shall be appointed by the governor. Three members shall be licensed architects, five members shall be licensed engineers, one member shall be a licensed landscape architect, two members shall be licensed land surveyors, one member shall be a certified interior designer, andsixeight members shall be public members. Not more than one member of said board shall be from the same branch of the profession of engineering. The firstlandscape architectcertified interior designer member and seventh and eighth members shall be appointed as soon as possible and no later than 60 days after August 1,19751992, and shall serve for a term to end on January 1,19771994. Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative services and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations shall be as provided in chapter 214. Sec. 9. Minnesota Statutes 1990, section 326.05, is amended to read: 326.05 [QUALIFICATIONS OF BOARD MEMBERS.] Each member of the board shall be a resident of this state at the time of appointment. Each member except the public members shall have been engaged in the practice of the relevant profession for at least ten years and shall have been in responsible charge of work for at least five years. Each such member shall be a member in good standing of a recognized society of architects, engineers, land surveyorsor, landscape architects, or interior designers; and, except as provided in section 326.06, shall be a licensed architect, licensed engineer, licensed land surveyoror, licensed landscape architect, or certified interior designer. The certified interior design member must have passed the National Council for Interior Design Qualifications test. Sec. 10. Minnesota Statutes 1990, section 326.06, is amended to read: 326.06 [GENERAL POWERS AND DUTIES OF BOARD.] Each member of the board shall receive a certificate of appointment from the governor, and, before beginning a term of office, shall file with the secretary of state the constitutional oath of office. The board shall adopt and have an official seal, which shall be affixed to all licenses granted; shall make all rules, not inconsistent with law, needed in performing its duties; and shall fix standards for determining the qualifications of applicants for certificates, which shall not exceed the requirements contained in the curriculum of a recognized school of architecture, landscape architectureor, engineering, or interior design. The board shall make rules to define classes of buildings with respect to which persons performing services described in section 326.03, subdivision 2, may be exempted from the provisions of sections 326.02 to 326.15, by a finding of no probable risk to life, health, property or public welfare. Sec. 11. Minnesota Statutes 1990, section 326.07, is amended to read: 326.07 [BOARD, MEETINGS OF, OFFICERS, QUORUM.] The board shall hold meetings at such times as the bylaws of the board may provide. Notice of all meetings shall be given in such manner as the bylaws may provide. The board shall elect annually from its members a chair, a vice-chair, a secretary and a treasurer. A quorum of the board shall consist of not less thannineten members, of whomthreefour shall be architectsor, landscape architectsor, land surveyors, or certified interior designers, three engineers, and three public members. Sec. 12. Minnesota Statutes 1990, section 326.08, subdivision 2, is amended to read: Subd. 2. Any member of the board, the executive secretary of the board, or the attorney for the board may be authorized by the board to attend any architectural, engineering, land surveyingor, landscape architectural, or interior design conference or meeting held outside of this state, the major purpose of which is the consideration of problems directly associated with the registration or licensing of architects, professional engineers, land surveyorsor, landscape architects, or certified interior designers. Sec. 13. Minnesota Statutes 1990, section 326.09, is amended to read: 326.09 [RECORDS OF BOARD.] The board shall keep a record of its proceedings and a register of all applicants for licensing, showing for each the date of application, name, age, educational and other qualifications, place of business, and the place of residence, whether or not an examination was required and whether the applicant was rejected or a license granted, and the date of such action. The books and register of the board shall be prima facie evidence of all matters recorded therein. A roster showing the names and places of business or of residence of all licensed architects, engineers, land surveyorsand, landscape architects, and certified interior designers shall be prepared by the executive secretary of the board during the month of July, of each even numbered year. Roster supplements listing newly licensed persons shall be published semiannually between publications of the biennial roster. Rosters may be printed out of the funds of the board, as provided in section 326.08. Sec. 14. Minnesota Statutes 1990, section 326.10, subdivision 1, is amended to read: Subdivision 1. [ISSUANCE.] The board shall on application therefor on a prescribed form, and upon payment of a fee prescribed by rule of the board, issue a license or certificate as an architect, engineer, land surveyoror, landscape architect, or certified interior designer. A separate fee shall be paid for each profession licensed. (1) To any person over 25 years of age, who is of good moral character and repute, and who has the experience and educational qualifications which the board by rule may prescribe. (2) To any person who holds an unexpired certificate of registration or license issued by proper authority in the District of Columbia, any state or territory of the United States, or any foreign country, in which the requirements for registration or licensure of architects, engineers, land surveyorsor, landscape architects, or certified interior designers, respectively, at the time of registration or licensure in the other jurisdiction, were equal, in the opinion of the board, to those fixed by the board and by the laws of this state, and in which similar privileges are extended to the holders of certificates of registration or licensure issued by this state. The board may require such person to submit a certificate of technical qualification from the National Council of Architectural Registration Boards in the case of an architect, from the National Council of Engineering Examiners in the case of an engineer,andfrom the National Council of Landscape Architects Registration Board in the case of a landscape architect, and from the National Council for Interior Design Qualifications in the case of a certified interior designer. Sec. 15. Minnesota Statutes 1990, section 326.10, subdivision 2, is amended to read: Subd. 2. [EXAMINATION.] The board may subject any applicant for licensure to such examinations as may be deemed necessary to establish qualifications. In determining the qualifications in such cases of applicants for licensure as architects, a majority vote of the architect members of the board only shall be required; in determining the qualifications in such cases of applicants for licensure as engineers, a majority vote of the engineer members of the board only, shall be required;andin determining the qualifications of applicants for registration as land surveyors, the affirmative vote of the land surveyor member and of one engineer of the board only, shall be required;andin determining the qualifications of applicants for licensure as landscape architects, the affirmative vote of the landscape architect member of the board and of one architect member or one civil engineer member of the board only, shall be required; and in determining the qualifications of applicants for certification as certified interior designers, the affirmative vote of the interior designer member of the board, of two public members, and of one architect or engineer member of the board only, is required. Sec. 16. Minnesota Statutes 1990, section 326.10, subdivision 2a, is amended to read: Subd. 2a. [NEEDS OF PHYSICALLY DISABLED, INCLUSION IN EXAMINATION.] Examinations for architect, civil structural engineer,andlandscape architect, and certified interior designer shall include questions which require the applicant to demonstrate knowledge of the design needs of people with physical disabilities and of the relevant statutes and codes. The questions shall be developed by the board in consultation with the department of administration. Sec. 17. Minnesota Statutes 1990, section 326.11, subdivision 1, is amended to read: Subdivision 1. [REVOCATION OR SUSPENSION.] The board shall have the power to revoke or suspend the license or certificate of any architect, engineer, land surveyoror, landscape architect, or certified interior designer, who is found guilty by the board of any fraud or deceit in obtaining a license or certificate, or of attaching the licensee's or certificate holder's seal or signature to any plan, specification, report, plat, or other architectural, engineering, land surveyingor, landscape architectural, or interior design document not prepared by the person signing or sealing it or under that person's direct supervision, or of gross negligence, incompetency, or misconduct in the practice of architecture, engineering, land surveyingor, landscape architecture, or interior design, or upon conviction of any violation of sections 326.02 to 326.15 or amendments thereof, or of any crime involving moral turpitude or upon adjudication of insanity or incompetency. Sec. 18. Minnesota Statutes 1990, section 326.12, is amended to read: 326.12 [LICENSE AS EVIDENCE; SEAL.] Subdivision 1. [JUDICIAL PROOF.] The issuance of a license or certificate by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a licensed architect, licensed engineer, licensed land surveyoror, licensed landscape architect, or certified interior designer while the license or certificate remains unrevoked or has not expired or has not been suspended. Subd. 2. [SEAL.] Each licensee or certificate holder may, upon registration, obtain a seal of a design approved by the board, bearing the licensee's or certificate holder's name and the legend "licensed architect," "licensed professional engineer," "licensed land surveyor,"or"licensed landscape architect," or "certified interior designer." Plans, specifications, plats, reports, and other documents prepared by a licensee or certificate holder may be stamped with the seal during the life of the license or certificate. A rubber stamp facsimile thereof may be used in lieu of the seal on tracings from which prints are to be made or on papers which would be damaged by the regular seal. It shall be unlawful for any one to stamp or seal any document with the stamp or seal after the license of the registrant named thereon has expired, been revoked or suspended, unless said license or certificate shall have been renewed or reissued. Subd. 3. [CERTIFIED SIGNATURE.] Each plan, specification, plat, report, or other document which under sections 326.02 to 326.15require beis prepared and submitted to a building official by a licensed architect, licensed engineer, licensed land surveyoror, licensed landscape architect, or certified interior designer shall be required to bear only the signature of the licensed or certified person preparing it, or the signature of the licensed or certified person under whose direct supervision it was prepared. Each signature shall be accompanied by a certification that the signer is licensed under sections 326.02 to 326.15, by the person's license number, and by the date on which the signature was affixed. The provisions of this paragraph shall not apply to documents of an intraoffice or intracompany nature. Sec. 19. Minnesota Statutes 1990, section 326.13, is amended to read: 326.13 [PRACTICE EXEMPT.] Practice of architecture, engineering, landscape architecture, or land surveying, or use of the title certified interior designer in this state prior to licensure by the board shall be permitted under the following conditions and limitations: (1) By any person or firm not a resident of and having no established place of business in this state, or any person or firm resident in this state, but whose arrival in the state is recent; provided, however, such person or a person connected with such firm: (a) is registered or licensed and qualified to practice such profession in a state or country to which the board grants registration or licensure by comity in accordance with the provisions of section 326.10, subdivision 1, clause (2); and (b) shall have filed an application for licensure as an architector, an engineer, or a certified interior designer shall have paid the fee provided for in section 326.10, and shall have been notified by the board that the applicant meets the requirements for licensure or certification in this state and is entitled to receive a license or certificate; (c) notwithstanding the provisions of paragraph (b) and prior to the notification provided for therein, an applicant who meets the requirements of paragraph (a) shall be permitted to practice in this state provided that such practice is limited solely to solicitation of work within the terms of sections 326.02 to 326.15; (2) Practice as an architect, an engineer, a land surveyor, or a landscape architect, or use of the title certified interior designer by any person not a resident of, and having no established place of business in, this state, as a consulting associate of an architect, an engineer, a land surveyor, or a landscape architect, or use of the title certified interior designer licensed or certified under the provisions of sections 326.02 to 326.15; provided, the nonresident is licensed or certified and qualified to practice the profession in a state or country to which the board grants licensure or certification by comity in accordance with the provisions of section 326.10, subdivision 1, clause (2); (3) Practice as an architect, an engineer, a land surveyor, or a landscape architect, or use of the title certified interior designer solely as an officer or employee of the United States. Sec. 20. Minnesota Statutes 1990, section 326.14, is amended to read: 326.14 [CORPORATIONS AND PARTNERSHIPS AUTHORIZED.] A corporation, partnership or other firm may engage in work of an architectural or engineering character, in land surveying or in landscape architecture, or use the title of certified interior designer in this state, provided the person or persons connected with such corporation, partnership or other firm in responsible charge of such work is or are licensed or certified as herein required for the practice of architecture, engineering, land surveying, and landscape architecture, and use of the title of certified interior designer. Sec. 21. [EXISTING INTERIOR DESIGNERS.] Persons who on July 1, 1992, are in the business of interior design and who have filed a certification application with the board by September 1, 1993, shall be allowed to continue in that business and use the title certified interior designer as if certified under this act until final action is taken by the board on their application. Sec. 22. [REVISOR'S INSTRUCTION.] The revisor of statutes shall, in Minnesota Statutes and Minnesota Rules, change the words "board of architecture, engineering, land surveying, and landscape architecture" or similar words to "board of architecture, engineering, land surveying, landscape architecture, and interior design" or similar words. Presented to the governor April 17, 1992 Signed by the governor April 27, 1992, 1:46 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes