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Minnesota Legislature

Office of the Revisor of Statutes

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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A bill for an act
relating to occupations; establishing licensing of interior designers;amending
Minnesota Statutes 2012, section 326.02, subdivision 4b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 326.02, subdivision 4b, is amended to read:


Subd. 4b.

deleted text beginCertifieddeleted text endnew text begin Licensednew text end interior designer.

(a) For the purposes of sections
326.02 to 326.15, "deleted text begincertifieddeleted text endnew text begin licensednew text end interior designer" means a person who is deleted text begincertified
deleted text endnew text begin licensednew text end under section 326.10, to use the title deleted text begincertifieddeleted text endnew text begin licensednew text end interior designer and who
provides services in connection with thenew text begin planning andnew text end design of deleted text beginpublicdeleted text end interior spaces,
includingnew text begin analysis of a client's needs and goals for an interior area of a structure designed
for human habitation or occupancy; space planning; and
new text end preparation of documents
new text begin including drawings, plans, and reportsnew text end relative to non-load-bearing interior construction,
deleted text beginspace planning,deleted text endnew text begin including specifications for partitions,new text end deleted text beginfinishdeleted text end materials, deleted text beginand furnishings
deleted text endnew text begin finishes, furniture, fixtures, and equipment. Licensed interior designers prepare documents
for the purpose of permitting, prepare and administer bids or contracts as the agent of a
client, and provide construction administration services. Licensed interior designers may
hire other licensed design professionals as consultants in a contractually independent
relationship to complete work relative to the consultant's scope of work. For the purposes
of this paragraph, (1) "administration" means a professional service as distinguished
from superintending of construction and also means the performance of reasonable and
ordinary on-site observations to determine that the interior construction substantially
complies with the approved drawings, plans, and specifications, and (2) "non-load-bearing
interior construction" means an interior element or component that does not require
design computations for a building's structure and does not support a vertical load of a
structure other than its own weight, but that may support loads attached to it such as
cabinetry, shelving, or grab bars
new text end.

(b) deleted text beginNo 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.
deleted text endnew text begin Nothing contained in sections 326.02 to 326.15 concerning the practice of
licensed interior design applies to:
new text end

new text begin (1) exempt building components or classes of buildings enumerated in sections
326.02, subdivision 5, and 326.03, subdivision 2, clauses (a) to (d);
new text end

new text begin (2) an architect, landscape architect, or engineer licensed under the laws of this state;
new text end

new text begin (3) an employee or owner of a retail establishment providing consultation in the
furtherance of a retail sale or prospective retail sale regarding interior finishes, furnishings,
or cabinetry on behalf of the retail establishment;
new text end

new text begin (4) a person who provides services or assistance in selection, sale, lease, or
supply of surface materials, window treatments, wall coverings, paint, floor coverings,
surface-mounted fixtures, displays, and loose furnishings for the interiors of buildings as
described in section 326.03; or
new text end

new text begin (5) a residential designer, including a kitchen or bath designer, working within
the interiors of exempt spaces.
new text end

new text begin (c) No person may use the title "licensed interior designer," "LID," or any title
or device indicating or representing that the person is a licensed interior designer or is
practicing licensed interior design unless the person has been licensed under the provisions
of sections 326.02 to 326.15.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end Nothing in this section prohibits the use of the title interior designer or the
term interior design by persons not deleted text begincertifieddeleted text endnew text begin licensednew text end by the board.

deleted text begin (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.
deleted text end

new text begin (e) The practice of licensed interior design does not include the design of:
new text end

new text begin (1) load-bearing walls;
new text end

new text begin (2) fire-rated interior shafts in multistory buildings;
new text end

new text begin (3) interior exit stairways and location of doors that exit occupants from the building
that comprise the exit discharge; however, licensed interior designers can design or modify
those portions of the means of egress that comprise the exit access, as defined by the
International Building Code, as adopted by the Minnesota State Building Code;
new text end

new text begin (4) smoke control systems;
new text end

new text begin (5) sprinkler and fire alarm systems;
new text end

new text begin (6) ventilation systems relative to heating, ventilating, and air conditioning; and
new text end

new text begin (7) elevators, escalators, and stairways.
new text end

new text begin (f) Licensed interior design does include the design and specification of elements
relative to materials, finishes, and fixtures in the interior spaces described in paragraph (e),
and the specification and location of elements commonly indicated on a reflected ceiling
plan relative to the design of interior spaces noted in subdivision 4, clause (e).
new text end

deleted text begin (e) Nothing in this section authorizes certifieddeleted text endnew text begin (g) Licensednew text end interior deleted text begindesigners to
engage in
deleted text endnew text begin design is notnew text end the practice of architecture deleted text beginas defined in subdivision 2deleted text endnew text begin, landscape
architecture,
new text end or deleted text beginthe practice ofdeleted text end engineering deleted text beginas defined in subdivision 3deleted text end.

Sec. 2. new text beginEXCEPTION FOR CERTAIN ESTABLISHED APPLICANTS.
new text end

new text begin For applications for licensure received up to one year after the effective date
of section 1, the Board of Architecture, Engineering, Land Surveying, Landscape
Architecture, Geoscience, and Interior Design shall issue a certificate of licensure as a
licensed interior designer to any applicant submitting evidence to the board of a current
certificate in good standing for certified interior designer. Applicants seeking licensure
under this exemption must pay a onetime fee of $150.
new text end

Sec. 3. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the term "certified" or similar terms to
"licensed" or similar terms wherever they appear in Minnesota Statutes and Minnesota
Rules, where it is clear by its context that the terms refer to licensed interior design
regulated under Minnesota Statutes, chapter 326. The revisor shall make changes
consistent with this act, and consistent with the licensed practices under Minnesota
Statutes, chapter 326, to replace references to the title of certified interior design to
the practice of licensed interior design. The Board of Architecture, Engineering, Land
Surveying, Landscape Architecture, Geoscience, and Interior Design shall assist the revisor
in making these changes, if needed. The revisor may make changes necessary to correct
the punctuation, grammar, or structure of the remaining text and preserve its meaning.
new text end

new text begin (b) In each section of Minnesota Statutes or Minnesota Rules referred to in column
A, the revisor of statutes shall delete the reference in column B and insert the reference
in column C.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin Column C
new text end
new text begin 326.03, subd. 4
new text end
new text begin "architect, engineer, land
surveyor, landscape architect,
or geoscientist"
new text end
new text begin "architect, engineer,
land surveyor, landscape
architect, licensed interior
designer, or geoscientist"
new text end
new text begin 1800.0900, subp. 6
new text end
new text begin "architect or engineer"
new text end
new text begin "architect, engineer, or
interior designer"
new text end
new text begin 1800.4200, subp. 3
new text end
new text begin "applicants as an architect, a
professional engineer, a land
surveyor, landscape architect,
professional geologist, or
professional soil scientist"
new text end
new text begin "the following applicants:
architect, professional
engineer, land surveyor,
landscape architect,
licensed interior designer,
professional geologist, and
professional soil scientist"
new text end
new text begin 1800.4300
new text end
new text begin "licensed architect, licensed
professional engineer,
licensed land surveyor,
licensed professional
landscape architect, licensed
professional geologist, or
licensed professional soil
scientist"
new text end
new text begin "licensed architect, licensed
professional engineer,
licensed land surveyor,
licensed professional
landscape architect, licensed
interior designer, licensed
professional geologist, or
licensed professional soil
scientist"
new text end
new text begin 1800.5200
new text end
new text begin "architect or engineer"
new text end
new text begin "architect, interior designer,
or engineer"
new text end
new text begin 1800.5400
new text end
new text begin "licensed architect or
engineer"
new text end
new text begin "licensed architect, licensed
interior designer, or
engineer"
new text end