Chapter 443

443.10   Applications, certificates, licenses, rules, and roster.

443.11   Disciplinary proceedings against architects, landscape architects, engineers, and registered interior designers.

443.12   Disciplinary proceedings against professional land surveyors.

443.13   Disciplinary proceedings against designers of engineering systems.

443.134   Exception for photogrammetry and construction surveying.

443.14   Exempt persons.

443.15   Exempt buildings.

443.16   Change of name.

443.17   Seal or stamp; aiding unauthorized practice.

443.175   Submission of documents; interior designers.

443.18   Penalties; law enforcement.

443.20   Indemnification in civil contracts.

Ch. 443 Cross-reference Cross-reference: See definitions in s. 440.01.

443.01 443.01 Definitions. In this chapter, unless the context provides otherwise:

443.01(1) (1) “Architect” means a person who is legally qualified to practice architecture.

443.01(1m) (1m) “Construction surveying” means surveying or mapping that is performed in support of infrastructure design, in support of improvements related to private and public boundary lines, or in support of construction layout or historic preservation, and establishing any postconstruction documentation related to that surveying or mapping.

443.01(2) (2) “Engineer-in-training” means a person who is a graduate in an engineering curriculum of 4 years or more from a school or college approved by the professional engineer section of the examining board as of satisfactory standing, or a person who has had 4 years or more of experience in engineering work of a character satisfactory to the professional engineer section; and who, in addition, has successfully passed the examination in the fundamental engineering subjects prior to the completion of the requisite years in engineering work, as provided in s. 443.05, and who has been granted a certificate of record by the professional engineer section stating that the person has successfully passed this portion of the professional examinations.

443.01(3) (3) “Examining board” means the examining board of architects, landscape architects, professional engineers, designers, professional land surveyors, and registered interior designers.

443.01(3b) (3b) “Geodetic surveying” means surveying to determine the size and shape of the earth or the precise positions of points on the surface of the earth.

443.01(3c) (3c) “Interior alteration or interior construction project” means a project for an interior space or area within a proposed or existing building or structure, including construction, modification, renovation, rehabilitation, or historic preservation, that involves changing or altering any of the following:

443.01(3c)(a) (a) The design function or layout of rooms.

443.01(3c)(b) (b) The state of permanent fixtures or equipment.

443.01(3c)(c) (c) The interior space or area if the change or alteration requires verification of the compliance of the interior space or area with a building code, fire code, the federal Americans with Disabilities Act, or state or local regulations.

443.01(3c)(d) (d) Interior furnishings.

443.01(3c)(e) (e) Nonstructural elements of the interior space or area.

443.01(3e) (3e) “Interior technical submission” means a design, drawing, specification, study, or other technical report or calculation that establishes the scope of an interior design project, including a description of standards of quality for materials, skilled labor, equipment, and construction systems, and that may be signed and sealed by a Wisconsin registered interior designer in compliance with this chapter.

443.01(3g) (3g) “Landscape architect” means a person who practices landscape architecture.

443.01(3r) (3r) “Landscape architecture” means the performance of a professional service involving conceptual land planning and conceptual design for integrated land development based on the analysis of environmental characteristics, operational requirements, land use or commensurate land values. “Landscape architecture” includes the investigation, selection or allocation of land or water resources for appropriate uses; the formulation of graphic or written criteria for a land planning or land construction program; the preparation, review or analysis of a master plan for land use or development; the production of a graphic land area, grading, drainage, planting or land construction plan; and the planning of a road, bridge or other structure with respect to the aesthetic requirements of the area on which it will be constructed, except that “landscape architecture” does not include any of the following:

443.01(3r)(a) (a) Professional services performed by a registered architect or by a person who has in effect a permit under s. 443.10 (1) (d).

443.01(3r)(b) (b) Professional services performed by a professional engineer or by a person who has in effect a permit under s. 443.10 (1) (d).

443.01(3r)(c) (c) Professional services performed by a professional land surveyor.

443.01(3r)(d) (d) The practice of planning as is customarily done by a regional, park, or urban planner, or by a person participating on a planning board or commission, within the scope of that practice.

443.01(3r)(e) (e) The practice of a natural resource professional, including a biologist, professional geologist, as defined in s. 470.01 (5), or professional soil scientist, as defined in s. 470.01 (7).

443.01(3r)(f) (f) The actions of a person who is under the supervision of a licensed landscape architect or an employee of a licensed landscape architect, unless the person assumes responsible charge, design, or supervision.

443.01(3r)(g) (g) Work performed on property by an individual who owns or has control over the property, or work performed by a person hired by an individual who owns or has control of the property.

443.01(3r)(h) (h) Making plans or drawings for the selection, placement, or use of plants or site features.

443.01(5) (5) “Practice of architecture” includes any professional service, such as consultation, investigation, evaluation, planning, architectural and structural design, or responsible supervision of construction, in connection with the construction of any private or public buildings, structures, projects, or the equipment thereof, or addition to or alterations thereof, in which the public welfare or the safeguarding of life, health or property is concerned or involved.

443.01(5m) (5m) 

443.01(5m)(a) (a) “Practice of interior design” means the design of interior spaces as a part of an interior alteration or interior construction project in conformity with public health, safety, and welfare requirements, including the preparation of documents relating to building code descriptions, project egress plans that require no increase in the number of exits in the space affected, space planning, finish materials, furnishings, fixtures, and equipment and the preparation of documents and interior technical submissions relating to interior construction.

443.01(5m)(b) (b) “Practice of interior design” does not include any of the following:

443.01(5m)(b)1. 1. Services that constitute the practice of architecture or the practice of professional engineering.

443.01(5m)(b)2. 2. Altering or affecting the structural system of a building, including changing the building’s live or dead load on the structural system.

443.01(5m)(b)3. 3. Changes to the building envelope, including exterior walls, exterior wall coverings, exterior wall openings, exterior windows and doors, architectural trim, balconies and similar projections, bay and oriel windows, roof assemblies and rooftop structures, and glass and glazing for exterior use in both vertical and sloped applications in buildings and structures.

443.01(5m)(b)4. 4. Altering or affecting the mechanical, plumbing, heating, air conditioning, ventilation, electrical, vertical transportation, fire sprinkler, or fire alarm systems.

443.01(5m)(b)5. 5. Changes beyond the exit access component of a means of egress system.

443.01(5m)(b)6. 6. Construction that materially affects life safety systems pertaining to fire safety or the fire protection of structural elements, or alterations to smoke evacuation and compartmentalization systems or to fire-rated vertical shafts in multistory structures.

443.01(5m)(b)7. 7. Changes of use to an occupancy of greater hazard as determined by the International Building Code.

443.01(5m)(b)8. 8. Changes to the construction classification of the building or structure according to the International Building Code.

443.01(6) (6) “Practice of professional engineering” includes any professional service requiring the application of engineering principles and data, in which the public welfare or the safeguarding of life, health or property is concerned and involved, such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction, alteration, or operation, in connection with any public or private utilities, structures, projects, bridges, plants and buildings, machines, equipment, processes and works. A person offers to practice professional engineering if the person by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself or herself to be a professional engineer; or who through the use of some other title implies that he or she is a professional engineer; or who holds himself or herself out as able to practice professional engineering.

443.01(6s) (6s) “Practice of professional land surveying” means any of the following:

443.01(6s)(a) (a) Any service comprising the establishment or reestablishment of the boundaries of one or more tracts of land or the boundaries of any of the following interests in real property:

443.01(6s)(a)1. 1. The rights-of-way of roads or streets.

443.01(6s)(a)2. 2. Air or subsurface property rights.

443.01(6s)(a)3. 3. Public or private easements.

443.01(6s)(b) (b) Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

443.01(6s)(c) (c) Placing, replacing, restoring, or perpetuating monuments in or on the ground to evidence the location of a point that is necessary to establish boundaries of one or more tracts of land or the subdivision or consolidation of one or more tracts of land or to describe the boundaries of any interest in real property identified in par. (a).

443.01(6s)(d) (d) Preparing maps that depict any interest in real property identified in par. (a) for the purpose of establishing the boundaries of any such interest in real property.

443.01(6s)(e) (e) Preparing any of the following:

443.01(6s)(e)1. 1. An official map established or amended under s. 62.23 (6), established or amended under the authority of s. 61.35, or adopted under s. 60.61.

443.01(6s)(e)2. 2. An assessor’s plat under s. 70.27.

443.01(6s)(e)3. 3. A map or plat of cemetery lands under s. 157.07.

443.01(6s)(e)4. 4. A subdivision plat, certified survey map, or correction instrument under ch. 236.

443.01(6s)(e)5. 5. A condominium plat or correction instrument under ch. 703.

443.01(6s)(e)6. 6. A project and time-share property plat under s. 707.215.

443.01(6s)(f) (f) Performing construction surveying or geodetic surveying in connection with any of the practices specified in pars. (a) to (e).

443.01(7) (7) “Professional engineer” means a person who by reason of his or her knowledge of mathematics, the physical sciences and the principles of engineering, acquired by professional education and practical experience, is qualified to engage in engineering practice as defined in sub. (6).

443.01(7m) (7m) “Professional land surveyor” means a person who, by reason of his or her knowledge of law, mathematics, physical sciences, and measurement techniques, acquired by education and practical experience, is granted a license under this chapter to engage in the practice of professional land surveying.

443.01(8) (8) “Responsible supervision of construction” means a professional service, as distinguished from superintending of construction, and means the performance, or the supervision thereof, of reasonable and ordinary on-site observations to determine that the construction is in substantial compliance with the approved drawings, plans and specifications.

443.01(9) (9) “Wisconsin registered interior designer” means a person registered as a Wisconsin registered interior designer under this chapter.

443.01 History History: 1971 c. 42, 215, 307; 1975 c. 9, 39, 199, 200, 334, 421; 1977 c. 29, 125, 418; 1979 c. 34, 98; 1979 c. 162 s. 38 (7); 1979 c. 167; 1979 c. 221 s. 780; 1979 c. 355; 1983 a. 189 ss. 274, 329 (18); 1993 a. 463, 465, 491; 1997 a. 300; 2009 a. 123; 2011 a. 146; 2013 a. 358; 2021 a. 195.

443.01 Annotation Discussing the duties of county surveyors and other land surveyors and minimum standards for property surveys. 69 Atty. Gen. 160.

443.015 443.015 Examining board to establish continuing education requirements; promulgate rules.

443.015(1) (1) Each section of the examining board may establish continuing education requirements for renewal of a credential issued by that section under this chapter.

443.015(1e) (1e) The rules promulgated under sub. (1) by the registered interior designer section of the examining board shall require a Wisconsin registered interior designer to complete at least 15 hours of continuing education during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a). At least 10 of the 15 hours shall be in subjects related to the practice of interior design that safeguard the public’s health, safety, and welfare.

443.015(1m) (1m) 

443.015(1m)(a) (a)

443.015(1m)(a)1. 1. Each section of the examining board shall promulgate rules to do all of the following:

443.015(1m)(a)1.a. 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.

443.015(1m)(a)1.b. 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.

443.015(1m)(a)1.c. 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.

443.015(1m)(a)2. 2. Rules promulgated under subd. 1. may not require a certification to be notarized.

443.015(1m)(b) (b) Any 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.

443.015(1m)(c) (c)

443.015(1m)(c)1. 1. A credential holder whose credential is classified as retired status under par. (a) may not engage in the practice for which he or she holds that credential.

443.015(1m)(c)2. 2. A credential holder whose credential is classified as retired status under par. (a) may continue to use a title in connection with that credential if he or she clearly indicates to the public that he or she is retired, including by placing the abbreviation “Ret.” or similar appellation after his or her title.

443.015(1m)(d) (d) The renewal fee for a credential holder whose credential is classified as retired status under par. (a) shall be one-half of the usual renewal fee that otherwise applies.

443.015(2) (2) Each 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.

443.015 History History: 2007 a. 47; 2011 a. 146; 2019 a. 94; 2021 a. 195; s. 35.17 correction in (1e).