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HF 1052

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2013 11:45am

KEY: stricken = removed, old language. underscored = added, new language.

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Introduction Pdf Posted on 02/28/2013

Current Version - as introduced

1.1A bill for an act
1.2relating to occupations; establishing licensing of interior designers;amending
1.3Minnesota Statutes 2012, section 326.02, subdivision 4b.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. Minnesota Statutes 2012, section 326.02, subdivision 4b, is amended to read:
1.6    Subd. 4b. Certified Licensed interior designer. (a) For the purposes of sections
1.7326.02 to 326.15, "certified licensed interior designer" means a person who is certified
1.8 licensed under section 326.10, to use the title certified licensed interior designer and who
1.9provides services in connection with the planning and design of public interior spaces,
1.10including analysis of a client's needs and goals for an interior area of a structure designed
1.11for human habitation or occupancy; space planning; and preparation of documents
1.12 including drawings, plans, and reports relative to non-load-bearing interior construction,
1.13space planning, including specifications for partitions, finish materials, and furnishings
1.14 finishes, furniture, fixtures, and equipment. Licensed interior designers prepare documents
1.15for the purpose of permitting, prepare and administer bids or contracts as the agent of a
1.16client, and provide construction administration services. Licensed interior designers may
1.17hire other licensed design professionals as consultants in a contractually independent
1.18relationship to complete work relative to the consultant's scope of work. For the purposes
1.19of this paragraph, (1) "administration" means a professional service as distinguished
1.20from superintending of construction and also means the performance of reasonable and
1.21ordinary on-site observations to determine that the interior construction substantially
1.22complies with the approved drawings, plans, and specifications, and (2) "non-load-bearing
1.23interior construction" means an interior element or component that does not require
1.24design computations for a building's structure and does not support a vertical load of a
2.1structure other than its own weight, but that may support loads attached to it such as
2.2cabinetry, shelving, or grab bars.
2.3(b) No person may use the title certified interior designer unless that person has been
2.4certified as an interior designer or has been exempted by the board. Registered architects
2.5may be certified without additional testing. Persons represent themselves to the public as
2.6certified interior designers if they use a title that incorporates the words certified interior
2.7designer. Nothing contained in sections 326.02 to 326.15 concerning the practice of
2.8licensed interior design applies to:
2.9(1) exempt building components or classes of buildings enumerated in sections
2.10326.02, subdivision 5, and 326.03, subdivision 2, clauses (a) to (d);
2.11(2) an architect, landscape architect, or engineer licensed under the laws of this state;
2.12(3) an employee or owner of a retail establishment providing consultation in the
2.13furtherance of a retail sale or prospective retail sale regarding interior finishes, furnishings,
2.14or cabinetry on behalf of the retail establishment;
2.15(4) a person who provides services or assistance in selection, sale, lease, or
2.16supply of surface materials, window treatments, wall coverings, paint, floor coverings,
2.17surface-mounted fixtures, displays, and loose furnishings for the interiors of buildings as
2.18described in section 326.03; or
2.19(5) a residential designer, including a kitchen or bath designer, working within
2.20the interiors of exempt spaces.
2.21(c) No person may use the title "licensed interior designer," "LID," or any title
2.22or device indicating or representing that the person is a licensed interior designer or is
2.23practicing licensed interior design unless the person has been licensed under the provisions
2.24of sections 326.02 to 326.15.
2.25(c) (d) Nothing in this section prohibits the use of the title interior designer or the
2.26term interior design by persons not certified licensed by the board.
2.27(d) Nothing in this section restricts persons not certified by the board from providing
2.28interior design services and from saying that they provide such services, as long as they do
2.29not use the title certified interior designer.
2.30(e) The practice of licensed interior design does not include the design of:
2.31(1) load-bearing walls;
2.32(2) fire-rated interior shafts in multistory buildings;
2.33(3) interior exit stairways and location of doors that exit occupants from the building
2.34that comprise the exit discharge; however, licensed interior designers can design or modify
2.35those portions of the means of egress that comprise the exit access, as defined by the
2.36International Building Code, as adopted by the Minnesota State Building Code;
3.1(4) smoke control systems;
3.2(5) sprinkler and fire alarm systems;
3.3(6) ventilation systems relative to heating, ventilating, and air conditioning; and
3.4(7) elevators, escalators, and stairways.
3.5(f) Licensed interior design does include the design and specification of elements
3.6relative to materials, finishes, and fixtures in the interior spaces described in paragraph (e),
3.7and the specification and location of elements commonly indicated on a reflected ceiling
3.8plan relative to the design of interior spaces noted in subdivision 4, clause (e).
3.9(e) Nothing in this section authorizes certified (g) Licensed interior designers to
3.10engage in design is not the practice of architecture as defined in subdivision 2, landscape
3.11architecture, or the practice of engineering as defined in subdivision 3.

3.12    Sec. 2. EXCEPTION FOR CERTAIN ESTABLISHED APPLICANTS.
3.13For applications for licensure received up to one year after the effective date
3.14of section 1, the Board of Architecture, Engineering, Land Surveying, Landscape
3.15Architecture, Geoscience, and Interior Design shall issue a certificate of licensure as a
3.16licensed interior designer to any applicant submitting evidence to the board of a current
3.17certificate in good standing for certified interior designer. Applicants seeking licensure
3.18under this exemption must pay a onetime fee of $150.

3.19    Sec. 3. REVISOR'S INSTRUCTION.
3.20(a) The revisor of statutes shall change the term "certified" or similar terms to
3.21"licensed" or similar terms wherever they appear in Minnesota Statutes and Minnesota
3.22Rules, where it is clear by its context that the terms refer to licensed interior design
3.23regulated under Minnesota Statutes, chapter 326. The revisor shall make changes
3.24consistent with this act, and consistent with the licensed practices under Minnesota
3.25Statutes, chapter 326, to replace references to the title of certified interior design to
3.26the practice of licensed interior design. The Board of Architecture, Engineering, Land
3.27Surveying, Landscape Architecture, Geoscience, and Interior Design shall assist the revisor
3.28in making these changes, if needed. The revisor may make changes necessary to correct
3.29the punctuation, grammar, or structure of the remaining text and preserve its meaning.
3.30(b) In each section of Minnesota Statutes or Minnesota Rules referred to in column
3.31A, the revisor of statutes shall delete the reference in column B and insert the reference
3.32in column C.
4.1
Column A
Column B
Column C
4.2
4.3
4.4
4.5
326.03, subd. 4
"architect, engineer, land
surveyor, landscape architect,
or geoscientist"
"architect, engineer,
land surveyor, landscape
architect, licensed interior
designer, or geoscientist"
4.6
4.7
1800.0900, subp. 6
"architect or engineer"
"architect, engineer, or
interior designer"
4.8
4.9
4.10
4.11
4.12
4.13
4.14
1800.4200, subp. 3
"applicants as an architect, a
professional engineer, a land
surveyor, landscape architect,
professional geologist, or
professional soil scientist"
"the following applicants:
architect, professional
engineer, land surveyor,
landscape architect,
licensed interior designer,
professional geologist, and
professional soil scientist"
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22
4.23
1800.4300
"licensed architect, licensed
professional engineer,
licensed land surveyor,
licensed professional
landscape architect, licensed
professional geologist, or
licensed professional soil
scientist"
"licensed architect, licensed
professional engineer,
licensed land surveyor,
licensed professional
landscape architect, licensed
interior designer, licensed
professional geologist, or
licensed professional soil
scientist"
4.24
4.25
1800.5200
"architect or engineer"
"architect, interior designer,
or engineer"
4.26
4.27
4.28
1800.5400
"licensed architect or
engineer"
"licensed architect, licensed
interior designer, or
engineer"

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