Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 507-H.F.No. 217
An act relating to occupations and professions;
requiring the certification of interior designers;
defining certified interior designer; providing for
administration of certification requirements; changing
the name of the board of architecture, engineering,
land surveying, and landscape architecture; amending
Minnesota Statutes 1990, sections 116J.70, subdivision
2a; 319A.02, subdivision 2; 326.02, subdivisions 1, 5,
and by adding a subdivision; 326.03, subdivision 1;
326.031; 326.05; 326.06; 326.07; 326.08, subdivision
2; 326.09; 326.10, subdivisions 1, 2, and 2a; 326.11,
subdivision 1; 326.12; 326.13; and 326.14; Minnesota
Statutes 1991 Supplement, section 326.04.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1990, section 116J.70,
subdivision 2a, is amended to read:
Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
"license" does not include the following:
(1) any occupational license or registration issued by a
licensing board listed in section 214.01 or any occupational
registration issued by the commissioner of health pursuant to
section 214.13;
(2) any license issued by a county, home rule charter city,
statutory city, township, or other political subdivision;
(3) any license required to practice the following
occupation regulated by the following sections:
(a) abstracters regulated pursuant to chapter 386;
(b) accountants regulated pursuant to chapter 326;
(c) adjusters regulated pursuant to chapter 72B;
(d) architects regulated pursuant to chapter 326;
(e) assessors regulated pursuant to chapter 270;
(f) attorneys regulated pursuant to chapter 481;
(g) auctioneers regulated pursuant to chapter 330;
(h) barbers regulated pursuant to chapter 154;
(i) beauticians regulated pursuant to chapter 155A;
(j) boiler operators regulated pursuant to chapter 183;
(k) chiropractors regulated pursuant to chapter 148;
(l) collection agencies regulated pursuant to chapter 332;
(m) cosmetologists regulated pursuant to chapter 155A;
(n) dentists, registered dental assistants, and dental
hygienists regulated pursuant to chapter 150A;
(o) detectives regulated pursuant to chapter 326;
(p) electricians regulated pursuant to chapter 326;
(q) embalmers regulated pursuant to chapter 149;
(r) engineers regulated pursuant to chapter 326;
(s) insurance brokers and salespersons regulated pursuant
to chapter 60A;
(t) certified interior designers regulated pursuant to
chapter 326;
(u) midwives regulated pursuant to chapter 148;
(u) (v) morticians regulated pursuant to chapter 149;
(v) (w) nursing home administrators regulated pursuant to
chapter 144A;
(w) (x) optometrists regulated pursuant to chapter 148;
(x) (y) osteopathic physicians regulated pursuant to
chapter 147;
(y) (z) pharmacists regulated pursuant to chapter 151;
(z) (aa) physical therapists regulated pursuant to chapter
148;
(aa) (bb) physicians and surgeons regulated pursuant to
chapter 147;
(bb) (cc) plumbers regulated pursuant to chapter 326;
(cc) (dd) podiatrists regulated pursuant to chapter 153;
(dd) (ee) practical nurses regulated pursuant to chapter
148;
(ee) (ff) professional fundraisers regulated pursuant to
chapter 309;
(ff) (gg) psychologists regulated pursuant to chapter 148;
(gg) (hh) real estate brokers, salespersons, and others
regulated pursuant to chapters 82 and 83;
(hh) (ii) registered nurses regulated pursuant to chapter
148;
(ii) (jj) securities brokers, dealers, agents, and
investment advisers regulated pursuant to chapter 80A;
(jj) (kk) steamfitters regulated pursuant to chapter 326;
(kk) (ll) teachers and supervisory and support personnel
regulated pursuant to chapter 125;
(ll) (mm) veterinarians regulated pursuant to chapter 156;
(mm) (nn) watchmakers regulated pursuant to chapter 326;
(nn) (oo) water conditioning contractors and installers
regulated pursuant to chapter 326;
(oo) (pp) water well contractors regulated pursuant to
chapter 156A;
(pp) (qq) water and waste treatment operators regulated
pursuant to chapter 115;
(qq) (rr) motor carriers regulated pursuant to chapter 221;
(rr) (ss) professional corporations regulated pursuant to
chapter 319A;
(4) any driver's license required pursuant to chapter 171;
(5) any aircraft license required pursuant to chapter 360;
(6) any watercraft license required pursuant to chapter
86B;
(7) any license, permit, registration, certification, or
other approval pertaining to a regulatory or management program
related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is
required to be obtained from a state agency or instrumentality;
and
(8) any pollution control rule or standard established by
the pollution control agency or any health rule or standard
established by the commissioner of health or any licensing rule
or standard established by the commissioner of human services.
Sec. 2. Minnesota Statutes 1990, section 319A.02,
subdivision 2, is amended to read:
Subd. 2. "Professional service" means personal service
rendered by a professional pursuant to a license or certificate
issued by the state of Minnesota to practice medicine and
surgery pursuant to sections 147.01 to 147.29, chiropractic
pursuant to sections 148.01 to 148.105, registered nursing
pursuant to sections 148.171 to 148.285, optometry pursuant to
sections 148.52 to 148.62, psychology pursuant to sections
148.88 to 148.98, dentistry pursuant to sections 150A.01 to
150A.12, pharmacy pursuant to sections 151.01 to 151.40,
podiatric medicine pursuant to Laws 1987, chapter 108, sections
1 to 16, veterinary medicine pursuant to sections 156.001 to
156.14, architecture, engineering, surveying, and landscape
architecture, and certified interior design pursuant to sections
326.02 to 326.15, accountancy pursuant to sections 326.17 to
326.23, or law pursuant to sections 481.01 to 481.17, or
pursuant to a license or certificate issued by another state
pursuant to similar laws.
Sec. 3. Minnesota Statutes 1990, section 326.02,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION LICENSURE OR CERTIFICATION
MANDATORY.] In order to safeguard life, health, and property,
and to promote the public welfare, any person in either public
or private capacity practicing, or offering to practice,
architecture, professional engineering, land surveying, or
landscape architecture, or using the title certified interior
designer in this state, either as an individual, a copartner, or
as agent of another, shall be registered licensed or certified
as hereinafter provided. It shall be unlawful for any person to
practice, or to offer to practice, in this state, architecture,
professional engineering, land surveying, or landscape
architecture, or to use the title certified interior designer,
or to solicit or to contract to furnish work within the terms of
sections 326.02 to 326.15, or to use in connection with the
person's name, or to otherwise assume, use or advertise any
title or description tending to convey the impression that the
person is an architect, professional engineer (hereinafter
called engineer), land surveyor or, landscape architect, or
certified interior designer, unless such person is qualified
by registration licensure or certification under sections 326.02
to 326.15.
Sec. 4. Minnesota Statutes 1990, section 326.02, is
amended by adding a subdivision to read:
Subd. 4b. [CERTIFIED INTERIOR DESIGNER.] (a) For the
purposes of sections 326.02 to 326.15, "certified interior
designer" means a person who is certified under section 326.10,
to use the title certified interior designer and who provides
services in connection with the design of public interior
spaces, including preparation of documents relative to
non-load-bearing interior construction, space planning, finish
materials, and furnishings.
(b) No 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.
(c) Nothing in this section prohibits the use of the title
interior designer or the term interior design by persons not
certified by the board.
(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.
(e) Nothing in this section authorizes certified interior
designers to engage in the practice of architecture as defined
in subdivision 2 or the practice of engineering as defined in
subdivision 3.
Sec. 5. Minnesota Statutes 1990, section 326.02,
subdivision 5, is amended to read:
Subd. 5. [LIMITATION.] The provisions of sections 326.02
to 326.15 shall not apply to the preparation of plans and
specifications for the erection, enlargement, or alteration of
any building or other structure by any person, for that person's
exclusive occupancy or use, unless such occupancy or use
involves the public health or safety or the health or safety of
the employees of said person, or of the buildings listed in
section 326.03, subdivision 2, nor to any detailed or shop plans
required to be furnished by a contractor to a registered
engineer, landscape architect, or architect, or certified
interior designer, nor to any standardized manufactured product,
nor to any construction superintendent supervising the execution
of work designed by an architect, landscape architect, or
engineer registered, or certified interior designer licensed or
certified in accordance with section 326.03, nor to the planning
for and supervision of the construction and installation of work
by an electrical contractor or master plumber as defined in and
licensed pursuant to this chapter, where such work is within the
scope of such licensed activity and not within the practice of
professional engineering, or architecture, or where the person
does not claim to be a certified interior designer as defined in
section 326.02, subdivisions subdivision 2 and, 3, or 4b.
Sec. 6. Minnesota Statutes 1990, section 326.03,
subdivision 1, is amended to read:
Subdivision 1. No person, except an architect, engineer,
land surveyor or, landscape architect, or certified interior
designer, licensed or certified as provided for in sections
326.02 to 326.15 shall practice architecture, professional
engineering, land surveying, or landscape architecture, or use
the title certified interior designer, respectively, in the
preparation of plans, specifications, reports, plats or other
architectural, engineering, land surveying or, landscape
architectural, or interior design documents, or in the
observation of architectural, engineering, land surveying or,
landscape architectural, or interior design projects. In
preparation of such documents, reasonable care shall be given to
compliance with applicable laws, ordinances, and building codes
relating to design.
Sec. 7. Minnesota Statutes 1990, section 326.031, is
amended to read:
326.031 [SPECIFICATIONS FOR PUBLIC FACILITIES, USE OF BRAND
NAMES.]
Any engineer, architect, certified interior designer, or
other person preparing specifications with respect to a contract
for the construction of any facility for the state, or any
agency or department thereof, or for any county, city, town, or
school district, shall at the time of submitting such
specifications to the governing body of the organization
requesting the specifications, submit to such body, in writing,
a list showing each item in the specifications which has been
specified by brand name, unless such specifications allow for
the consideration of an equal.
Sec. 8. Minnesota Statutes 1991 Supplement, section
326.04, is amended to read:
326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND
SURVEYING AND, LANDSCAPE ARCHITECTURE, AND INTERIOR DESIGN.]
To carry out the provisions of sections 326.02 to 326.15
there is hereby created a board of architecture, engineering,
land surveying and, landscape architecture, and interior
design (hereinafter called the board) consisting of 17 20
members, who shall be appointed by the governor. Three members
shall be licensed architects, five members shall be licensed
engineers, one member shall be a licensed landscape architect,
two members shall be licensed land surveyors, one member shall
be a certified interior designer, and six eight members shall be
public members. Not more than one member of said board shall be
from the same branch of the profession of engineering. The
first landscape architect certified interior designer member and
seventh and eighth members shall be appointed as soon as
possible and no later than 60 days after August 1, 1975 1992,
and shall serve for a term to end on January 1, 1977 1994.
Membership terms, compensation of members, removal of members,
the filling of membership vacancies, and fiscal year and
reporting requirements shall be as provided in sections 214.07
to 214.09. The provision of staff, administrative services and
office space; the review and processing of complaints; the
setting of board fees; and other provisions relating to board
operations shall be as provided in chapter 214.
Sec. 9. Minnesota Statutes 1990, section 326.05, is
amended to read:
326.05 [QUALIFICATIONS OF BOARD MEMBERS.]
Each member of the board shall be a resident of this state
at the time of appointment. Each member except the public
members shall have been engaged in the practice of the relevant
profession for at least ten years and shall have been in
responsible charge of work for at least five years. Each such
member shall be a member in good standing of a recognized
society of architects, engineers, land surveyors or, landscape
architects, or interior designers; and, except as provided in
section 326.06, shall be a licensed architect, licensed
engineer, licensed land surveyor or, licensed landscape
architect, or certified interior designer. The certified
interior design member must have passed the National Council for
Interior Design Qualifications test.
Sec. 10. Minnesota Statutes 1990, section 326.06, is
amended to read:
326.06 [GENERAL POWERS AND DUTIES OF BOARD.]
Each member of the board shall receive a certificate of
appointment from the governor, and, before beginning a term of
office, shall file with the secretary of state the
constitutional oath of office. The board shall adopt and have
an official seal, which shall be affixed to all licenses
granted; shall make all rules, not inconsistent with law, needed
in performing its duties; and shall fix standards for
determining the qualifications of applicants for certificates,
which shall not exceed the requirements contained in the
curriculum of a recognized school of architecture, landscape
architecture or, engineering, or interior design. The board
shall make rules to define classes of buildings with respect to
which persons performing services described in section 326.03,
subdivision 2, may be exempted from the provisions of sections
326.02 to 326.15, by a finding of no probable risk to life,
health, property or public welfare.
Sec. 11. Minnesota Statutes 1990, section 326.07, is
amended to read:
326.07 [BOARD, MEETINGS OF, OFFICERS, QUORUM.]
The board shall hold meetings at such times as the bylaws
of the board may provide. Notice of all meetings shall be given
in such manner as the bylaws may provide. The board shall elect
annually from its members a chair, a vice-chair, a secretary and
a treasurer. A quorum of the board shall consist of not less
than nine ten members, of whom three four shall be architects
or, landscape architects or, land surveyors, or certified
interior designers, three engineers, and three public members.
Sec. 12. Minnesota Statutes 1990, section 326.08,
subdivision 2, is amended to read:
Subd. 2. Any member of the board, the executive secretary
of the board, or the attorney for the board may be authorized by
the board to attend any architectural, engineering, land
surveying or, landscape architectural, or interior design
conference or meeting held outside of this state, the major
purpose of which is the consideration of problems directly
associated with the registration or licensing of architects,
professional engineers, land surveyors or, landscape architects,
or certified interior designers.
Sec. 13. Minnesota Statutes 1990, section 326.09, is
amended to read:
326.09 [RECORDS OF BOARD.]
The board shall keep a record of its proceedings and a
register of all applicants for licensing, showing for each the
date of application, name, age, educational and other
qualifications, place of business, and the place of residence,
whether or not an examination was required and whether the
applicant was rejected or a license granted, and the date of
such action. The books and register of the board shall be prima
facie evidence of all matters recorded therein. A roster
showing the names and places of business or of residence of all
licensed architects, engineers, land surveyors and, landscape
architects, and certified interior designers shall be prepared
by the executive secretary of the board during the month of
July, of each even numbered year. Roster supplements listing
newly licensed persons shall be published semiannually between
publications of the biennial roster. Rosters may be printed out
of the funds of the board, as provided in section 326.08.
Sec. 14. Minnesota Statutes 1990, section 326.10,
subdivision 1, is amended to read:
Subdivision 1. [ISSUANCE.] The board shall on application
therefor on a prescribed form, and upon payment of a fee
prescribed by rule of the board, issue a license or certificate
as an architect, engineer, land surveyor or, landscape
architect, or certified interior designer. A separate fee shall
be paid for each profession licensed.
(1) To any person over 25 years of age, who is of good
moral character and repute, and who has the experience and
educational qualifications which the board by rule may prescribe.
(2) To any person who holds an unexpired certificate of
registration or license issued by proper authority in the
District of Columbia, any state or territory of the United
States, or any foreign country, in which the requirements for
registration or licensure of architects, engineers, land
surveyors or, landscape architects, or certified interior
designers, respectively, at the time of registration or
licensure in the other jurisdiction, were equal, in the opinion
of the board, to those fixed by the board and by the laws of
this state, and in which similar privileges are extended to the
holders of certificates of registration or licensure issued by
this state. The board may require such person to submit a
certificate of technical qualification from the National Council
of Architectural Registration Boards in the case of an
architect, from the National Council of Engineering Examiners in
the case of an engineer, and from the National Council of
Landscape Architects Registration Board in the case of a
landscape architect, and from the National Council for Interior
Design Qualifications in the case of a certified interior
designer.
Sec. 15. Minnesota Statutes 1990, section 326.10,
subdivision 2, is amended to read:
Subd. 2. [EXAMINATION.] The board may subject any
applicant for licensure to such examinations as may be deemed
necessary to establish qualifications.
In determining the qualifications in such cases of
applicants for licensure as architects, a majority vote of the
architect members of the board only shall be required; in
determining the qualifications in such cases of applicants for
licensure as engineers, a majority vote of the engineer members
of the board only, shall be required; and in determining the
qualifications of applicants for registration as land surveyors,
the affirmative vote of the land surveyor member and of one
engineer of the board only, shall be required; and in
determining the qualifications of applicants for licensure as
landscape architects, the affirmative vote of the landscape
architect member of the board and of one architect member or one
civil engineer member of the board only, shall be required; and
in determining the qualifications of applicants for
certification as certified interior designers, the affirmative
vote of the interior designer member of the board, of two public
members, and of one architect or engineer member of the board
only, is required.
Sec. 16. Minnesota Statutes 1990, section 326.10,
subdivision 2a, is amended to read:
Subd. 2a. [NEEDS OF PHYSICALLY DISABLED, INCLUSION IN
EXAMINATION.] Examinations for architect, civil structural
engineer, and landscape architect, and certified interior
designer shall include questions which require the applicant to
demonstrate knowledge of the design needs of people with
physical disabilities and of the relevant statutes and codes.
The questions shall be developed by the board in consultation
with the department of administration.
Sec. 17. Minnesota Statutes 1990, section 326.11,
subdivision 1, is amended to read:
Subdivision 1. [REVOCATION OR SUSPENSION.] The board shall
have the power to revoke or suspend the license or certificate
of any architect, engineer, land surveyor or, landscape
architect, or certified interior designer, who is found guilty
by the board of any fraud or deceit in obtaining a license or
certificate, or of attaching the licensee's or certificate
holder's seal or signature to any plan, specification, report,
plat, or other architectural, engineering, land surveying or,
landscape architectural, or interior design document not
prepared by the person signing or sealing it or under that
person's direct supervision, or of gross negligence,
incompetency, or misconduct in the practice of architecture,
engineering, land surveying or, landscape architecture, or
interior design, or upon conviction of any violation of sections
326.02 to 326.15 or amendments thereof, or of any crime
involving moral turpitude or upon adjudication of insanity or
incompetency.
Sec. 18. Minnesota Statutes 1990, section 326.12, is
amended to read:
326.12 [LICENSE AS EVIDENCE; SEAL.]
Subdivision 1. [JUDICIAL PROOF.] The issuance of a license
or certificate by the board shall be evidence that the person
named therein is entitled to all the rights and privileges of a
licensed architect, licensed engineer, licensed land
surveyor or, licensed landscape architect, or certified interior
designer while the license or certificate remains unrevoked or
has not expired or has not been suspended.
Subd. 2. [SEAL.] Each licensee or certificate holder may,
upon registration, obtain a seal of a design approved by the
board, bearing the licensee's or certificate holder's name and
the legend "licensed architect," "licensed professional
engineer," "licensed land surveyor," or "licensed landscape
architect," or "certified interior designer." Plans,
specifications, plats, reports, and other documents prepared by
a licensee or certificate holder may be stamped with the seal
during the life of the license or certificate. A rubber stamp
facsimile thereof may be used in lieu of the seal on tracings
from which prints are to be made or on papers which would be
damaged by the regular seal. It shall be unlawful for any one
to stamp or seal any document with the stamp or seal after the
license of the registrant named thereon has expired, been
revoked or suspended, unless said license or certificate shall
have been renewed or reissued.
Subd. 3. [CERTIFIED SIGNATURE.] Each plan, specification,
plat, report, or other document which under sections 326.02 to
326.15 require be is prepared and submitted to a building
official by a licensed architect, licensed engineer, licensed
land surveyor or, licensed landscape architect, or certified
interior designer shall be required to bear only the signature
of the licensed or certified person preparing it, or the
signature of the licensed or certified person under whose direct
supervision it was prepared. Each signature shall be
accompanied by a certification that the signer is licensed under
sections 326.02 to 326.15, by the person's license number, and
by the date on which the signature was affixed. The provisions
of this paragraph shall not apply to documents of an intraoffice
or intracompany nature.
Sec. 19. Minnesota Statutes 1990, section 326.13, is
amended to read:
326.13 [PRACTICE EXEMPT.]
Practice of architecture, engineering, landscape
architecture, or land surveying, or use of the title certified
interior designer in this state prior to licensure by the board
shall be permitted under the following conditions and
limitations:
(1) By any person or firm not a resident of and having no
established place of business in this state, or any person or
firm resident in this state, but whose arrival in the state is
recent; provided, however, such person or a person connected
with such firm:
(a) is registered or licensed and qualified to practice
such profession in a state or country to which the board grants
registration or licensure by comity in accordance with the
provisions of section 326.10, subdivision 1, clause (2); and
(b) shall have filed an application for licensure as an
architect or, an engineer, or a certified interior designer
shall have paid the fee provided for in section 326.10, and
shall have been notified by the board that the applicant meets
the requirements for licensure or certification in this state
and is entitled to receive a license or certificate;
(c) notwithstanding the provisions of paragraph (b) and
prior to the notification provided for therein, an applicant who
meets the requirements of paragraph (a) shall be permitted to
practice in this state provided that such practice is limited
solely to solicitation of work within the terms of sections
326.02 to 326.15;
(2) Practice as an architect, an engineer, a land surveyor,
or a landscape architect, or use of the title certified interior
designer by any person not a resident of, and having no
established place of business in, this state, as a consulting
associate of an architect, an engineer, a land surveyor, or a
landscape architect, or use of the title certified interior
designer licensed or certified under the provisions of sections
326.02 to 326.15; provided, the nonresident is licensed or
certified and qualified to practice the profession in a state or
country to which the board grants licensure or certification by
comity in accordance with the provisions of section 326.10,
subdivision 1, clause (2);
(3) Practice as an architect, an engineer, a land surveyor,
or a landscape architect, or use of the title certified interior
designer solely as an officer or employee of the United States.
Sec. 20. Minnesota Statutes 1990, section 326.14, is
amended to read:
326.14 [CORPORATIONS AND PARTNERSHIPS AUTHORIZED.]
A corporation, partnership or other firm may engage in work
of an architectural or engineering character, in land surveying
or in landscape architecture, or use the title of certified
interior designer in this state, provided the person or persons
connected with such corporation, partnership or other firm in
responsible charge of such work is or are licensed or certified
as herein required for the practice of architecture,
engineering, land surveying, and landscape architecture, and use
of the title of certified interior designer.
Sec. 21. [EXISTING INTERIOR DESIGNERS.]
Persons who on July 1, 1992, are in the business of
interior design and who have filed a certification application
with the board by September 1, 1993, shall be allowed to
continue in that business and use the title certified interior
designer as if certified under this act until final action is
taken by the board on their application.
Sec. 22. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall, in Minnesota Statutes and
Minnesota Rules, change the words "board of architecture,
engineering, land surveying, and landscape architecture" or
similar words to "board of architecture, engineering, land
surveying, landscape architecture, and interior design" or
similar words.
Presented to the governor April 17, 1992
Signed by the governor April 27, 1992, 1:46 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes