“1. Each section of the examining board shall promulgate rules to do all of the following:
a. Allow the holder of a credential under this chapter who is at least 65 years of age or has actively maintained that credential for at least 20 years, which need not be consecutive, and who certifies that he or she has retired from and no longer engages in the practice for which he or she holds the credential to apply to the board to classify that credential as retired status.
b. Allow an individual who previously held a credential under this chapter, and failed to renew that credential prior to the renewal date, to apply to the board to renew the credential with retired status if the individual is at least 65 years of age or had actively maintained that credential for at least 20 years, which need not be consecutive, certifies that he or she has retired from and no longer engages in the practice for which he or she previously held the credential, and pays the fee under par. (d). Section 440.08 (3) (a) and (b) does not apply to the renewal of such a credential. c. Allow the holder of a credential classified as retired status as described under subd. 1. a. or b. to apply to the appropriate section of the examining board to remove the retired status classification if he or she satisfies reinstatement requirements established by the appropriate section of the examining board by rule.”
Section 443.015 (1m) (b) states that “[a]ny rules a section of the examining board promulgates under sub. (1) shall exempt a credential holder whose credential is classified as retired status under par. (a) from continuing education requirements.” Section 443.015 (2) states that “[e]ach section of the examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations registered, permitted, certified, or granted a certificate of authorization by that section.” Section 443.17 (2) (a) states that “[t]he registered interior designer section of the examining board shall promulgate rules establishing specifications for seals and stamps used by Wisconsin registered interior designers.” Related statute or rule:
Plain language analysis:
Wisconsin Administrative Code Chapter SPS 130 currently outlines requirements for registered interior designers. The authority for the rules in SPS 130 was removed and transferred to the newly created Registered Interior Designers Section of the Examining board of architects, landscape architects, professional engineers, designers, professional land surveyors, and registered interior designers with the enactment of 2021 Wisconsin Act 195. The objective of this rule project is to implement the statutory changes from the act by creating chapters A-E 14 and 15 as a new part of the Wisconsin Administrative Code and by amending chapters A-E 1, 2, and 8 to add registered interior designers to the general provisions of the board. The new chapters cover the registration and continuing education requirements for registered interior designers. Summary of, and comparison with, existing or proposed federal regulation:
None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, Professional Land Surveyors, and Registered Interior Designers held a preliminary hearing on the statement of scope for this rule on June 13, 2023. The following comment was received from James Gersich, Wisconsin Registered Interior Designer:
“Today I am writing as a member of the public, registered as a Wisconsin Registered Interior Designer (WRID). You may also know me as the Vice Chair of the Joint Examining Board (JEB) of Architects, Landscape Architects, Professional Engineers, Professional Land Surveyors, Designers of Engineering Systems, and Registered Interior Designers; but this message is not intended to represent the views of the JEB but rather, my personal views; I have been credentialed in Wisconsin as an Architect and a Landscape Architect in addition to WRID, three all for many years, and have served for more than 12 years on the JEB and Architect Section.
As you develop Rules for the WRID/RID Section, please consider these:
1. The State of Wisconsin has in effect granted WRID registrants a monopoly over the practice and the title, and the rationale for this is solely the protection of the public's health, safety, and welfare (HSW).
2. Many years ago, Continuing Education (CE) requirements were initiated for some disciplines within the JEB, for continued licensure via biennial renewal.
3. Several years ago, DSPS (at the time, Department of Commerce) performed random audits for CE compliance by credential holders; but due to budget constraints, auditing was eliminated shortly thereafter.
4. The DSPS has no "policing" activity or staff that assures compliance with CE requirements, or conformance with any Rules. Hence, each licensee is obligated under A-E 8.08 to report possible violations. Within any disciplinary action investigated by DSPS staff supporting the Architect Section, compliance with CE requirements has been undertaken. But please note, only if a licensee is the subject of a disciplinary investigation does compliance with the CE requirements stipulated within the Rules, occurs.
5. So as you undertake WRID rulemaking, please strongly consider these recommendations:
a. The number of biennial contact hours for registrants should match those of Architect. Details are found in A-E 12.03. This requires a combination of mostly HSW and then other “non-HSW” Learning Units (LUs) in addition; 24 hours (of which 16 shall be HSW topics) is required biennially.
b. The quality of approvable CE is important. For example, lunch-n-learns that are blatant sales pitches for specific manufacturer's products, should not be allowed. The American Institute of Architects (AIA) is the only design discipline professional organization (via JEB) that currently reviews all pre-submitted CE course content, for approval in advance for HSW designation. Consequently, courses approved by AIA as LU vs HSW should be allowed as acceptable CE for WRID renewal.
c. The AIA has a CE Transcript service for its members, and it is available to other design professionals at a reasonable cost. This Transcript has been widely (including in Wisconsin) accepted without question, in support of proof of CE. Rulemaking within WRID CE should recognize AIA, IIDA, ASID, and similar professional organizations who document CE for their members.
d. Lastly, please also consider requiring Professional Conduct and Ethics subject content when contemplating CE requirements for WRIDs. While JEB Architects (under 12.03) do not presently have such a requirement, it is required by the Professional Landscape Architects under A-E 11.03 in the quantity of 2 hours per biennium; these are not in addition to the minimum. I am licensed in Minnesota as an Architect and Certified Interior Designer. The State of Minnesota already requires Ethics CE for Architects, Landscape Architects, Professional Engineers and Certified Interior Designers, 2 hours per two-year renewal period being currently required.
Thank you for considering my recommendations.”
Comparison with rules in adjacent states:
Illinois:
Interior Designers in Illinois are registered through the Illinois Department of Financial and Professional Regulation. The Registered Interior Designer Act empowers the Board of Registered Interior Design Professionals, governs the practice of interior designers in Illinois, and includes statutory direction regarding interior designer practice, examination, registration and renewal, continuing education, and penalty for unregistered practice [225 Illinois Compiled Statutes ch. 310]. Interior Designers in Illinois are required to complete 10 hours of continuing education per biennium, including one hour in sexual harassment prevention training and one hour pertaining to the subjects of professional conduct or interior design professional ethics. Finally, “All CE programs, activities or courses shall emphasize health, safety and welfare subjects” and meet certain other requirements. [Illinois Administrative Code Title 68 Part 1255 s. 1255.61]. Part 1255 of the Illinois Administrative Code further details rules for interior designers in the areas of registration, examination, seal and signature requirements, endorsement, continuing education, and granting variances. [Illinois Administrative Code Title 68 Part 1255 s. 1255.10 to 1255.90].
Iowa:
Interior Designers in Iowa are registered through the Iowa Department of Inspections, Appeals, and Licensing. The Iowa Interior Design Examining Board regulates the practice of registered interior designers. Chapter 544C of the Iowa Code includes statutes on registration, reciprocal registration, continuing education, penalty for violations of unlawful use of title, and grants administrative rulemaking authority to the board [Iowa Code ch. 544C.1 to 544C.13]. Section 193G of the Iowa Administrative Code for the Interior Design Examining Board further details rules for interior designers in the areas of registration, continuing education, professional conduct, and discipline. Interior designers are required to complete at least 10 hours of continuing education “in acceptable health, safety, and welfare subjects” per biennium. Carryover hours are not permitted. [193G Iowa Administrative Code ch. 3]. Michigan:
Michigan does not register, certify, nor license interior designers.
Minnesota:
Interior designers in Minnesota are certified through the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design. Chapter 326 of the Minnesota Statutes includes requirements for all professions within the board in regard to their scope of practice, certification requirements, grounds for disciplinary action, and continuing education. Interior designers in Minnesota must complete at least 24 hours of approved continuing education, of which two must be in professional ethics, within the two years preceding renewal. Interior designers are allowed to carry over up to 50 percent of the biennial requirement of hours towards the next renewal period [Minnesota Statutes 326.107].
The Minnesota Administrative Rules have two chapters that include interior designers. Chapter 1800 is dedicated to licensing and operation for all professions on the board. Subsections 1800.2100 and 1800.2200 detail the provisions for education and experience, and procedures related to the practice of interior design. Chapter 1805 further explains the provisions of unprofessional conduct for all professions within the board.
Summary of factual data and analytical methodologies:
The proposed rules were developed by conducting a comprehensive review of the provisions of chs. A-E 1 to 13 and obtaining input and feedback from the Rules Committee of the A-E Board and the Registered Interior Designer Section. The Board also reviewed the statutory changes from 2021 Wisconsin Act 195 and promulgated rules as needed for the profession. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were posted for 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-6795. Agency contact person:
Sofia Anderson, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-267-7139; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Sofia Anderson, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the public hearing, held on a date to be determined, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. A-E 1.01 is amended to read:
A-E 1.01 Authority. The rules in chs. A-E 1 to 1315 are adopted under authority in ss. 15.08 (5) (b), 227.11 and ch. 443, Stats.
Section 2. A-E 1.02 (intro), (1), and (3) are amended to read:
A-E 1.02 Definitions. In chs. A-E 1 to 1315:
(1) “Board" or “joint board" means the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors, and registered interior designers.
(3) “Section of the board" means either the architect section, the landscape architect section, the professional engineer section, the designer section, or the land surveyor section, or the registered interior designer section.
Section 3. A-E 1.03 (2) (a) is amended to read:
A-E 1.03 (2) (a) Composition. The rules committee of the board is comprised of one member from each section and 3 public members. The board chair shall appoint the 3 public members from any of the 56 sections of the board.
Section 4. A-E 2.01, 2.02 (1) and (2) and (4) and (6), and (8) (intro), (a), and (b) are amended to read:
A-E 2.01 Purpose. The purpose of the rules in this chapter is to specify general requirements and procedures which apply to persons credentialed by any section of the board. Requirements specific to architects, landscape architects, professional engineers, designers, or professional land surveyors, or registered interior designers are specified in chs. A-E 3, 4, 5, 6, 7, 9, 10, 11, 12, and 13, 14, and 15. Rules of professional conduct for all registrants or permit holders are specified in ch. A-E 8.
A-E 2.02 (1) Each architect, landscape architect, professional engineer, designer, and professional land surveyor, and registered interior designer shall obtain a seal that complies with board specifications for registration seals. The overall diameter may not be less than 15⁄8 inches nor more than 2 inches. Each seal shall include the registrant's name, registration or permit number and city.
(2) The following designs for registration seals have been approved:
(See PDF for image)(See PDF for image)(See PDF for image)
(4) Each sheet of plans, drawings, documents, specifications, and reports for architectural, landscape architectural, professional engineering, design, or professional land surveying, and registered interior design practice shall be signed, sealed, and dated by the registrant or permit holder who prepared, or directed and controlled preparation of, the written material, except as specified in sub. (5).
(6) Any addition, deletion or other revision to each sheet of plans, drawings, documents, specifications and reports for architectural, landscape architectural, professional engineering, design, or professional land surveying, or registered interior design practice which affects public health and safety or any state or local code requirements may not be made unless signed, sealed and dated by the registrant or permit holder who made or directed and controlled the making of the revision.
(8) Plans, specifications and calculations for buildings and structures not exempt under s. 443.15, Stats., which have been prepared by an architect, or professional engineer, or registered interior designer other than the Wisconsin registered architect, or engineer, or registered interior designer who is submitting the plans, specifications and calculations for filing as public documents, may be submitted if all of the following conditions are satisfied:
(a) The plans, specifications and calculations shall have been prepared by or under the supervision of an architect, or professional engineer, or registered interior designer licensed in some state of the United States, and shall bear the signature and seal or stamp of the architect or professional engineer who prepared them or under whose supervision and control they were prepared.
(b) A certificate, dated, signed, and sealed by the Wisconsin registered architect, or professional engineer, or registered interior designer who is submitting the plans, specifications, and calculations for filing as public documents, shall be attached to the plans, specifications, and calculations. The certificate shall indicate that the plans, specifications and calculations were prepared by an architect, or professional engineer, or registered interior designer other than the submitting registered architect, or professional engineer, or registered interior designer; shall describe the work performed by the submitting registered architect, or professional engineer, or registered interior designer; and shall include statements to the effect that the plans and specifications have been reviewed and comply with all applicable local and state building codes, and that the reviewing registered architect, or professional engineer, or registered interior designer will be responsible for the supervision of construction in accordance with the requirements of the state, and of the county and municipality where the building or structure is to be erected. If the registered architect, or professional engineer, or registered interior designer who originally prepared the plans, specifications and calculations was registered in Wisconsin at the time they were prepared, the certificate shall also specify why the original architect, or professional engineer, or registered interior designer is not submitting the plans, specifications, and calculations for approval.
Section 5. A-E 2.03 (1) (a) and (b) are amended to read:
A-E 2.03 (1) (a) “Firm" means any sole proprietorship, partnership, corporation, limited liability company, or limited liability partnership located in this state which provides or offers to provide architectural, landscape architectural, professional engineering, design, or professional land surveying, or registered interior design services to the public.
(b) “Resident" means a currently-registered architect, landscape architect, professional engineer, designer, or professional land surveyor, or registered interior designer who spends the majority of his or her working schedule in one firm location and who is in charge of and responsible for the type of services offered or provided from that location.
Section 6. A-E 2.03 (2) (f) is created to read:
A-E 2.03 (2) (f) A resident registered interior designer in each separate business location which provides or offers to provide registered interior design services.
Section 7. A-E 2.06 (1) (g) is created to read:
A-E 2.06 (1) (g) Registration as a registered interior designer.
Section 8. A-E 8.02, 8.03 (intro), (1) and (2), (2) (a), (3), (3) (a), and (5) (c) 4. and 5. are amended to read:
A-E 8.02 Intent. The intent of the examining board in adopting this chapter is to establish rules of professional conduct for the professions of architecture, landscape architecture, professional engineering, designing, and professional land surveying, and registered interior design. A violation of any standard specified in this chapter may result in disciplinary action under ss. 443.11 to 443.13, Stats.
A-E 8.03 Definitions. In ch. 443, Stats., and chs. A-E 1 to 9, and 14:
(1) “Gross negligence in the practice of architecture, landscape architecture, professional engineering, designing, or professional land surveying, or registered interior design" means the performance of professional services by an architect, landscape architect, professional engineer, designer, or professional land surveyor, or registered interior designer which does not comply with an acceptable standard of practice that has a significant relationship to the protection of health, safety or public welfare and is performed in a manner indicating that the professional knew or should have known, but acted with indifference to or disregard of, the accepted standard of practice.
(2) “Incompetency in the practice of architecture, landscape architecture, professional engineering, designing, or land surveying, or registered interior design" means conduct which demonstrates any of the following:
(a) Lack of ability or fitness to discharge the duty owed by an architect, landscape architect, professional engineer, designer, or land surveyor, or registered interior designer to a client or employer or to the public.
(3) “Misconduct in the practice of architecture, landscape architecture, professional engineering, designing, or professional land surveying, or registered interior design" means an act performed by an architect, landscape architect, professional engineer, designer, or professional land surveyor, or registered interior designer in the course of the profession which jeopardizes the interest of the public, including any of the following:
(a) Violation of federal or state laws, local ordinances or administrative rules relating to the practice of architecture, landscape architecture, professional engineering, designing, or professional land surveying, or registered interior design.
(5) (c) 4. Mere assumption by an architect, landscape architect, professional engineer, designer, or professional land surveyor, or registered interior designer of responsibility for work without having control of the work.
