STATE OF WISCONSIN
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL LAND SURVEYORS
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : EXAMINING BOARD OF
EXAMINING BOARD OF ARCHITECTS, : ARCHITECTS, LANDSCAPE
LANDSCAPE ARCHITECTS, : ARCHITECTS, PROFESSIONAL
PROFESSIONAL ENGINEERS, : ENGINEERS, DESIGNERS, AND
DESIGNERS, AND PROFESSIONAL LAND: PROFESSIONAL LAND SURVEYORS
SURVEYORS : ADOPTING RULES
: (CLEARINGHOUSE RULE 20-014)
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ORDER
An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to repeal A-E 5.02 and (Note) and 5.04 (8) (Note); to amend A-E 5.03 (2), 5.04 (1) (d) (intro.) and 1. to 6., (3), (5), (6), (7), (7) (Note), and (8) (a), and 5.06 (1), (2) (intro.) and (c), and (6); and to create A-E 5.03 (1) (e), relating to designer permits.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 443.07, Stats. Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides examining boards, “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains…” Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .” Section 443.07 (1), Stats., provides that, “[a]n applicant for a permit as a designer shall submit as evidence satisfactory to the designer section of the examining board … a specific record … in the field or branch, as determined by the designer section, in which certification is sought.” Related statute or rule:
A-E 2 and A-E 8
Plain language analysis:
The revisions provide clarification on qualifications for a designer permit, specifically by:
Clarifying that an applicant’s experience under s. A-E 5.03 (1) (e) must demonstrate a working knowledge of all examination topics under s. A-E 5.04 in the field or subfield for which the applicant has applied;
Further emphasizing that the Designer Section has the statutory discretion in reviewing experience to determine whether it demonstrates competency;
Replacing the terms ‘board’ with ‘section’ and ‘private sewage systems’ with ‘private onsite wastewater treatment systems’ to be consistent with statute; and
Amending the chapter to conform with statutory changes, drafting standards, and for consistency. Summary of, and comparison with, existing or proposed federal regulation:
None.
Summary of public comments and feedback on the statement of scope:
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors, upon direction under s. 227.136 (1), Stats., held a preliminary public hearing and comment period during the A-E Rules Committee meeting on April 23, 2019 for SS 022-19. After receiving no public comments, the Committee, on behalf of the A-E Board, approved the statement of scope for implementation. Comparison with rules in adjacent states:
Illinois:
Technical submissions to local code enforcement officials must be signed and sealed by a design professional. Design professionals in the state of Illinois are limited to Professional Land Surveyors, Structural Engineers, Professional Engineers, and Architects. Illinois does not issue permits or similar credentials for Designers of Engineering Systems.
Iowa:
Submissions of plans to the Iowa Department of Public Safety, Building Code Bureau must be completed by responsible design professionals including Registered Architects and Licensed Professional Engineers. Professional engineers are licensed according to the specific branch of engineering for which they passed the Principles and Practice of Engineering, including the structural engineering exam. Iowa does not issue permits or similar credentials for Designers of Engineering Systems.
Michigan:
Plans submitted to the Michigan Department of Licensing and Regulatory Affairs, Bureau of Construction Codes must be sealed by a design professional, including Architects, Professional Engineers, and Land Surveyors. Michigan does not issue permits or similar credentials for Designers of Engineering Systems.
Minnesota:
Plans submitted to the Minnesota Department of Labor and Industry must be certified by a licensed design professional, including Architects, Professional Engineers, Land Surveyors, Landscape Architects, Certified Interior Designers, Professional Soil Scientists, and Professional Geologists. Minnesota does not issue permits or similar credentials for Designers of Engineering Systems.
