State
o
f Wisconsin
Examining Board
o
f Architects, Landscape Architects, Professional Engineers, Designers
a
nd Land Surveyors
IN THE MATTER OF RULE-MAKING
PROCEEDINGS BEFORE THE
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS,
PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS
ORDER OF
THE
XAMINING
BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS,
PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS
ADOPTING RULES
(CLEARINGHOUSE
RULE 15
-040
)
ORDER
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),
and
to repeal and recreate
A-E
3.0
2, 6.02,
6.05 (1)
and 9.02
relating to the requirements for entrance to examination
.
Analysis prepared by the Department of
Safety and Professional Services
.
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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 comp
liance with the new legislation.
2013 Wisconsin Act 358
amended requirements related to professional land surveyors including
repealing s.
443.0
6 (2) (a)
, Stats. The
rule brings the administrative code in line with this statutory change.
Related statute or rule:
Plain language analysis:
This
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.
Therefore, the rule makes
changes to the application and examination procedures for
architects, landscape architects, professional engineers, designers, and professional land surveyors
.
The
rule also incorporates rule changes necessitated by
2013 Wisconsin Act 358
.
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
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
preconditions
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 draftin
g the
rule due to the 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 p
roposed rule, including how the
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
document is
attached.
Effect on small business
:
These
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
Jeffrey.Weigand
@wisconsin.gov
, or by calling (608) 267-2435.
Agency contact person
:
Dale Kleven
, 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
Dale2.Kleven
@wisconsin.gov
.
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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.
Section
2
.
A-E 3.05 (2),
(3)
, and (5)
are rep
ealed.
S
ection
3
.
A-E 4.07 (2
)
,
(3), and (5)
are
repealed.
S
ection
4
.
A-E 6.02
is
repealed and re
cr
eated to read:
A-E 6.02
Licensure requirements for professional land surveyors
.
(1)
An applicant for a professional land surveyor licensure, in accordance with s.
443.06 (2)
,
S
tats.,
shall complete
all of
the following:
(a
)
Shall submit one of the following:
1.
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
.
2.
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.
3.
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
.
(b
)
F
undamentals of land surveying examination
.
(c
)
Principles
and practice of land surveying examination
after completing
all but one year of the required
experience
.
(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
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
., 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 the fundamentals of surveying examination
,
the national principles and practice surveying examination
,
and the state jurisdictional examination
within 4 years of applying for licensure.
S
ection
7
.
A-E 6.05
(4)
,
(
5
)
,
and (9)
are
repealed.
Section
8
.
A-E 9.02
is repealed and recreated to read:
A-E
9.02 Requirements
for registration as a landscape architect
.
(1)
An applicant for
registration as a landscape architect
shall submit documentary evidence of having met the requirements under s.
443.035
, Stats.
(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
9
.
A-E 9.05 (2),
(3)
, and (5)
are
repealed.
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.
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(END OF TEXT OF RULE)
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