STATE OF WISCONSIN
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS,
PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS
IN THE MATTER OF RULE-MAKING
PROCEEDINGS BEFORE THE
E
XAMINING BOARD OF ARCHITECTS,
LANDSCAPE ARCHITECTS,
PROFESSIONAL ENGINEERS,
DESIGNERS AND
LAND SURVEYORS
PROPOSED ORDER OF THE
EXAMINING BOARD OF
ARCHITECTS, LANDSCAPE
ARCHITECTS, PROFESSIONAL
ENGINEERS,
DESIGNERS AND
LAND SURVEYORS
ADOPTING RULE
(CLEARINGHOUSE
RULE
)
An ord
er of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Land
Surveyors
to
repeal
A-E
3.05 (2) and (3), 4.07 (2) and (3), 6.05 (4) and (5), 9.05 (2) and (3), to amend
A-E
6.04 (1), to repeal and recreate
A-E
3.02 and 6.05 (1), and to create
A-E
6.025 and 9.06 (1m)
relating to the requirements for entrance to examination
.
Analysis prepared by the Department of
Safety and Professional Services
.
------------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant to ss.
15.08 (5) (b)
, and
227.11 (2) (a)
, Stats, the
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Land Surveyors is generally empowered to promulgate rules that will provide guidance within the profession and interpret the statutes it enforces or administers.
2013 Wisconsin Act 114
created s.
440.071 (1)
Stats, which provides that neither the Department nor a credentialing board may require a person to complete any postsecondary education or training before the person is eligible to take an examination for a credential. This legislative change prompted the
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Land Surveyors to exercise its rule-making authority to draft the proposed rule which seeks to bring current administrative code into compliance with the new legislation.
Related statute or rule:
None
Plain language analysis:
This proposed rule addresses a change in policy instituted by
2013 Wisconsin Act 114
. The new legislation requires the Department of Safety and Professional Services and its attached boards refrain from requiring applicants complete their postsecondary education before being eligible to take an examination for
a credential.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois
:
Applicants for the professional land surveyor license and the professional land surveyor-in-training license submit an application that includes verification of completed education and experience (Ill. Admin. Code 68, pt. 1270)
. Applicants for licensure as an architect must complete a combination of education and training prior to taking the examination prepared by the National Council of Architectural Registration Boards (Ill. Admin. Code 68, pt. 1150). Illinois administrative code does not speci
fically require that
applicants
for the landscape architecture license
complete their education and professional experience prior
to taking the
the
National Council of Architectural Registration Boards’ Landscape Architecture Registration Examination (Ill. Admin. Code 68, pt. 1275).
An applicant for the Fundamentals of Engineering exam must either have graduated from or be in their final year of an approved baccalaureate curriculum (Ill. Admin. Code 68, pt. 1380)
.
Iowa
:
Applicants for architecture registration by examination must complete the eligibility requirements of the education standards for NCARB certification which include a professional degree from a program accredited by the National Architectural Accrediting Board (NAAB) or the Canadian Architectural Certification Board (CACB)
and shall be enrolled in the NCARB Intern Development program prior to being admitted to the examination (
Iowa Admin. Code r. 193B – 2.3
)
.
An applicant for engineering licensure must satisfy the educational requirements prior to completing the Fundamentals of Engineering Examination (Iowa Admin. Code r. 193C – 4.1). An applicant for land surveying licensure must satisfy
the education and experience requirements prior to completing the Fundamentals of Land Surveying Examination (Iowa Admin. Code r. 193C – 5.
1).
An applicant for
landscape architecture licensure
need not meet
precondititons
to take the professional landscape architectural licensure examination (Iowa Admin. Code r. 193D – 2.4).
Michigan
:
To be examined as an architect, the applicant must provide evidence of completion of a first professional degree or further degree in architecture satisfactory to the board of architects. To be examined as a professional engineer, the applicant must meet specific education and experience requirements. To be examined as a land surveyor, the applicant must meet specific education and experience requirements (Mich. Comp. Laws s.
339.2005
).
An applicant for landscape architect certification must complete all education and experience requirements in order to sit for the examination (Mich. Admin. Code r. 339.19025
).
Minnesota:
A
pplicants for architect licensure by examination must complete the education and experience requirements prior to taking the Architect Registration Examination (ARE) (Minn. R. 1800.1000). Minnesota administrative code does not specifically require that applicants for the landscape architecture license complete their education and professional experience prior to taking the
Landscape Architect Registration Examination (LARE)
(Minn. R. 1800.1500).
Applicants for licensure as a professional engineer must complete specific education and experience requirements prior to taking the
written Fundamentals
of Engineering (FE) examination and
the
Principles
and Practice of Engineering (PE) examination
(Minn. R. 1800.2500). Applicants for licensure as a land surveyor must complete specific education and experience requirements prior to taking the
Fundamentals of Surveying (FS) examination
and the
Principles and Practice of Surveying (PS) examination
(Minn. R. 1800.3505).
Summary of factual data and analytical methodologies:
No
factual data or analytical methodologies were used in drafting the proposed rule due to the proposed rule being prompted by recent legislation.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The rule
was
posted
for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days.
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
Eric.Esser@wisconsin.gov
, or by calling (608) 267-2435.
Agency contact person
:
Kathleen
Paff
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison,
Wisconsin 53708; telephone (608)
261-4472
; email at
Kathleen.Paff
@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Kathleen
Paff
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, WI 53708-8935, or by email to
Kathleen.Paff@wisconsin.gov
.
Comments must be received on or before
the public hearing to be held
on October 7, 2015
at 9:15am
to be included in the record of rule-making proceedings.
------------------------------------------------------------------------------------------------------------
TEXT OF RULE
S
ection
1
.
A-E 3.02 is repealed and recreated to read:
A-E
3.02
Requirements
for registration as an
architect
.
(1)
An applicant for registration as an architect, in accordance with s.
443.03
,
Stats.,
shall submit all of the following:
(
a) D
ocumentation certifying that the applicant has acquired a
thor
ough
knowledge
of sound construction, building
hygiene
, architectural design and mathematics.
(b)
One of the following:
1.
A diploma of graduation, or a certificate, from an architectural school or college approved by the architect section as satisfactory standing, together
with at
least 2 years of practical experience
as described in A-E 3.03 and of character satisfactory to the architect section in the design and construction of
buildings.
2.
A specific record of 7 or more years of experience in architectural work of a character satisfactory to the architect section in the design and construction of buildings.
(2)
An applicant who files an application but who does not comply with a request for information
related
to the application within one
year
from the date of the request shall file a new application and fee.
S
ection
2
.
A-E 3.05 (2) and (3) are repealed.
S
ection
3
.
A-E 4.07 (2)
and
(3)
are
repealed.
S
ection
4
.
A-E 6.025 is created to read:
A-E 6.025 Licensure requirements for professional land surveyors
.
An applicant for a professional land surveyor licensure, in accordance with s.
443.06 (2)
,
S
tats.,
shall complete
all of
the following:
(1
)
Shall submit one of the following:
(a)
Documentary
evidence of completion of a bachelor’s degree
of not less than 4 years duration
in a course in the practice of professional land surveying or a related field
that is approved by the professional land surveying section
and the completion of at least 2 years of approved
practice in
professional land surveying
.
(b)
Documentary evidence of completion of an associate degree
in not less than 2 years dur
ation
in a course in the practice of professional land surveying or a related field of study that is approved by the professional land surveying section
and the completion of at least 4 years of approved practice in professional land surveying.
(c)
D
ocumenta
r
y evidence that the applicant has engaged in the practice of professional land surveying for at least 10 years
prior to the application
an
d
has demonstrated
that the applicant is competent to engage in the practice of professional land surveying
as determined by the professional land surveying
section
. T
his sub
division
applies to applicants who are applying after June 30, 2000 and
before
July 1, 2019
.
(2
)
F
undamentals of land surveying examination
.
(3
)
Principles
and practice of land surveying examination
after completing
all but one year of the required
experience
:
S
ection
5
.
A-E 6.04 (1) is amended to read:
A-E 6.04 (1
)
To
meet the educational
requirements
of
s.
443.06 (2) (a)
and
(
bm
)
, Stats
., s
.
443.06 (2) (
bm
)
, Stats.,
an applicant for
registration
licensure
as a land surveyor
shall
have satisfactorily completed at least 60 semester credits in
civil engineering or
land surveying curriculum
or
in
a related field
as approved by the professional land surveyor section
including no less than 12
semester
credits in land surveying which shall be in the following categories of study:
S
ection
6
.
A-E 6.05 (3) is repealed and recreated to read:
A-E 6.05 (3
)
T
ime
period for examination.
Applicants for licensure as a land surveyor must take and pass both the fundamentals of surveying examination and the national principles and practice surveying examination within 4 years of applying for licensure.
S
ection
7
.
A-E 6.05
(4)
and (5
) are repealed.
S
ection
8
.
A-E 9.05 (2) and (3) are repealed.
S
ection
9
.
A-E 9.06 (1m) is created to read:
S
ection
10
.
EFFECTIVE
DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
Administrative R
egister, pursuant to s.
227.22 (2) (intro.)
, Stats.
