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Iowa Architectural Examining Board - March 18, 2021 Minutes

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IOWA ARCHITECTURAL EXAMINING BOARD

MINUTES

200 E. Grand, Suite 350, Des Moines | Bureau Conference Room

Thursday, March 18, 2021 at 10:30 a.m.

 

Pursuant to Iowa Code 21.8, this meeting was conducted by electronic means due to the health and safety concerns stemming from the COVID-19 virus, which rendered an in-person meeting impossible or impractical.

 

Board Members present for all or part of the meeting:

 

Linda Alfson Schemmel

Tandi Brannaman

Dan Dutcher, joined meeting at 11:21 a.m.

Anna Harmon, Vice President

Scott Hatfield, President

Ted Nahas

Jerry Purdy

 

 

 

Staff present for all or part of the meeting:

 

 

Lori SchraderBachar, Board Administrator

Danielle Bartkiw, Licensing Specialist

Renee Paulsen, PLB Investigator, joined at 12:15 pm

Caroline Barrett, AAG

 

 

 

Public:

 

 

Nick Lindsley, AIA Iowa, joined at 11:03 a.m.

Zak Hignst, IDOB lobbyist , joined at 11:07 a.m.

Paul Osiago, University of Iowa

Lori Tucker, Delhi, joined at 10:41 a.m.

Laurie Kramer, Delhi

 

 

 

 

 

Call to Order

 

Call to Order by 10:30 a.m.

Quorum was established.

 

Motion by Purdy to approve the open and closed session minutes of January 21, 2021 and allow the Board Executive to sign on Hatfield’s behalf.

Seconded by Nahas.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

Administrative Reports

Assistant Attorney General: Barrett reports there will be a legislative update later in the meeting.

 

Board Executive/Site Manager: SchraderBachar asked members to have their per diems signed and returned to her by tomorrow. She directed the board to the Google Drive for a copy of the NCARB report that Iowa submitted for the Regional Meeting. SchraderBachar announced that there is no update on board appointments at this time but this is Schemmel’s last meeting and thanked Linda for her years of service.

 

Licensing Specialist: Bartkiw reports that from January 1, 2021 to February 28, 2021 there were 40 new licensees and 5 reinstatements.

Board Member Reports

None.

 

Public Comment

None.

 

Application Review

SchraderBachar shared Licensure by Verification – Board Review Checklist with board members.

Hatfield complimented Osiago on his projects and resume. Applicant had no comments.

After discussion, Motion by Purdy to approve the application for licensure by verification.

Seconded by Harmon.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

Public member Lori Tucker joined the meeting at 10:41 a.m.

 

Osiago left the meeting at 10:43 a.m.

 

Rules

SchraderBachar reviewed the Iowa Administrative Code 193 rule making document. Two changes were included in the adopted/filed document. The amended rules will go into effect on May 26, 2021.

Motion by Schemmel to file and adopt the amendments to Iowa Administrative Code 193.

Seconded by Purdy.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

SchraderBachar reviewed the Iowa Administrative Code 193B rule making document; there were no changes from the Notice. The amended rules will go into effect on May 26, 2021.

Motion by Harmon to file and adopt the amendments to Iowa Administrative Code 193B.

Seconded by Purdy.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

Conviction List

SchraderBachar suggested the board add insurance fraud to its Conviction List.

Motion by Harmon to adopt the updated Conviction List.

Seconded by Brannaman.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

Legislative Update

SchraderBachar and Barrett updated the board on the following bills:

HF546 – Bill will repeal the section which took out the 5-year rolling clock for the ARE Exam. It did pass the House and there is a subcommittee hearing later today. If passed out of committee, it will go to the Senate.

HF464 – Regarding disciplinary hearings conducted by professional licensing boards. Complainant will be able to receive the complaint. Currently awaiting to be passed in the House.  

HF133 – Extension of continuing education deadlines due to COVID. Needs to be voted on in the House.

HF809 – Regarding rule making: if new laws are enacted and require administrative rules to be adopted, there will be a timeframe the board has to comply with to complete the rule adoption.  

HSB270 – Administrative rule making: for every new administrative rule that the board would adopt it has to rescind and two additional rules and has to be precleared by the Department of Management. Exemptions will be considered.

IIDA bill – HF781 and SF445 has not been voted on in either chamber. The AIA Iowa Action Alert was shared with board members, which outline concerns with bill.

 

Lindsley joined the meeting at 11:03 a.m.

 

Hingst joined the meeting at 11:07 a.m.

 

Hingst asked the board to consider and explain the following:

1. What educational topics are missing from the interior design curriculum that would cause the board to object to the bill.

2. Are there topics missing from the exam that should be included to test their competence and qualifications?  3. Do you have clear examples of how this legislation will be detrimental to the health, safety, and welfare of the general public?

 

Schemmel reports the following examples:

1. There is no language in the Interior Design Rules that talks about their obligation to protect the health, safety, and welfare of the public. 2. The way the scope of interior design is described in the rules doesn’t take into consideration the size and use of the building. 3. We still don’t know if this is a title or practice act and the lack of regulation for interior designers that aren’t registered.

 

Hatfield reports he has viewed the ISU syllabus for both interior design and architectural curriculum. He reports  that Health, Safety, Welfare is barely addressed in the interior design curriculum and is one example of what lacks in the interior design’s curriculum. Hatfield reports that NCARB has decided to not take a position on Interior Design regulation.

 

Dutcher joined the meeting at 11:21 a.m.

 

Hatfield recognized Lindsley to summarize the AIA’s main concerns: add unenforceable regulation for registered interior designers, bureaucracy process and rules, creating confusion for the consumer as to whom is actually qualified to do a project, the decrease in building safety if the interior design scope is limited and unregulated and the conflicting definition of what non-structural means.

 

Brannaman reports the following example:  interior designers aren’t tasked with knowing how their decisions impact a building because it’s not part of their scope. For example, a simple alteration of door swing can change the complete egress pathway for the entire building. If doors swing out, that’s the direction of egress pathway. If doors swing in, it blocks the egress pathway. If there was a serious issue in the building that required emergency exit, this could cause a pile up and be detrimental to the HSW of the public in the building. The board wants to prevent this type of unintended consequence from happening by changing the language of the bill.

 

Brannaman pointed out the IIDA bill would negate the matrix as new laws prevail over older laws.  

 

The board ultimately decided that the IIDA bill will be detrimental to the health, safety, and welfare of the public and to voice concerns about the bill to the Governor’s office.

 

Motion by Schemmel to have Brannaman prepare a letter for the Governor’s Office summarizing the Board’s concerns with the IIDA bill.

Seconded by Purdy.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

Hignst and Lindsley left the meeting at 11:47 a.m.

 

NCARB

Brannaman, Schemmel, and Nahas report on the Regional Summit.

Brannaman reports the presentations were good but there was a lack of active participation due to meeting being held virtually. Schemmel and Nahas report the meeting was very good but agree that the meeting felt a little isolated due to its virtual platform.

Motion by Brannaman to approve Hatfield as the voting delegate for the NCARB meeting on May 12-14, 2021.

Seconded by Purdy.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

Resolutions will be discussed at the May 2021 meeting.

 

The Board took a break at 11:54 a.m. and resumed at 12:10 p.m.

 

Complaints & Discipline

Closed Session:

Motion by Harmon to enter into closed session pursuant to Iowa Code section 21.5(1)(d) and 272C.6(4) at

12:12 p.m. to review pending licensee discipline cases and investigations, including any cases ready for final resolution through closure or consent order.

Seconded by Purdy.

VOTE: Roll call: Hatfield, aye; Alfson Schemmel, aye; Nahas, aye; Brannaman, aye; Harmon, aye; Dutcher, aye; and Purdy, aye.

Motion passed.

 

Paulsen joined the meeting at 12:15 p.m.

 

Open Session:

Motion by Nahas for the Board to return to open session at 1:00 p.m.

Seconded by Dutcher.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

Motion by Purdy to find probable cause in case 19-14 as discussed in closed session.

Seconded by Alfson Schemmel.

Vote: Aye: Hatfield, Alfson Schemmel, Nahas, Harmon, Dutcher, Purdy      Nay: None        Abstaining: Brannaman

Motion passed.

 

Motion by Alfson Schemmel to find probable cause in case 21-04 as discussed in closed session.

Seconded by Brannaman.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

Motion by Purdy to close 21-07.

Seconded by Dutcher.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

 

Further investigation is needed for both 21-17 and 21-06; no action today.

 

Recognition of Outgoing Board Member Alfson Schemmel

Members expressed their appreciation to Alfson Schemmel for her time and service to the Board.

 

Upcoming Meetings & Last-Minute Comments

Next meeting will be May 20, 2021. Election of officers will take place.

 

Adjournment

Hatfield adjourned the meeting at 1:22 p.m.