Chapter 443

443.14(8m)(a)2. 2. The provider of a cable service, as defined in s. 196.01 (1p).

443.14(8m)(a)3. 3. A commercial mobile radio service provider, as defined in s. 196.01 (2g).

443.14(8m)(a)4. 4. A public utility, as defined in s. 196.01 (5).

443.14(8m)(a)5. 5. A telecommunications provider, as defined in s. 196.01 (8p).

443.14(8m)(a)6. 6. A video service provider, as defined in s. 196.01 (12r).

443.14(8m)(a)7. 7. A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only.

443.14(8m)(b) (b) The exemption under par. (a) applies only if the employee or contractor is engaged in services described in s. 443.01 (6s) (a) 3., (c), (d), or (f) for or on behalf of the provider or cooperative.

443.14(9) (9) A license shall not be required for an owner to survey his or her own land for purposes other than for sale.

443.14(10) (10) Any person employed by a county or this state who is engaged in the planning, design, installation or regulation of land and water conservation activities under ch. 92 or s. 281.65 and who is certified under s. 92.18.

443.14(11) (11) Any professional land surveyor licensed under s. 443.06 who is engaged in the planning, design, installation, or regulation of land and water conservation activities under ch. 92 or s. 281.65.

443.14(12m) (12m) A driller who is licensed under s. 280.15 (2m), or an employee of a drilling business that is registered under s. 280.15 (1), who is engaged in well drilling, as defined in s. 280.01 (8), or heat exchange drilling, as defined in s. 280.01 (2c).

443.14(13) (13) A professional engineer who, while engaged in the practice of professional engineering in accordance with this chapter, collects, investigates, interprets or evaluates data relating to soil, rock, groundwater, surface water, gases or other earth conditions, or uses that data for analysis, consultation, planning, design or construction.

443.14(14) (14) A person who, while engaged in the practice of professional geology, hydrology or soil science as defined in s. 470.01 (2), (3) or (4), practices professional engineering, if the acts that involve the practice of professional engineering are also part of the practice of professional geology, hydrology or soil science.

443.14(15) (15) A person employed by the federal government who is engaged in this state in the practice of landscape architecture for the federal government.

443.14(16) (16) A person who performs services related to natural resources management if any map that is prepared as a part of those services contains the following statement: “This map is not a survey of the actual boundary of any property this map depicts.” In this subsection, “natural resources management” includes all of the following:

443.14(16)(a) (a) The management of state lands under ss. 23.09, 23.11, 27.01, and 28.04.

443.14(16)(b) (b) The control of invasive species, as defined in s. 23.22 (1) (c).

443.14(16)(c) (c) The cultivation or harvesting of raw forest products, as defined in s. 26.05 (1).

443.14(16)(d) (d) The management of county forests under s. 28.11.

443.14(16)(e) (e) The practice of forestry, as defined in s. 77.81 (2), including sustainable forestry, as defined in s. 28.04 (1) (e); any services provided in connection with an order, or the preparation of an application for an order, under subch. I or VI of ch. 77; and any forestry operation, as defined in s. 823.075 (1) (c).

443.14(17) (17) A person who prepares a map that depicts temporary trails, easements, or other uses of lands if the map contains the following statement: “This map is not a survey of the actual boundary of any property this map depicts.”

443.14(18) (18) An employee or agent of the department of natural resources, department of agriculture, trade and consumer protection, department of transportation, public service commission, board of commissioners of public lands, or department of military affairs who creates a geographic information systems map if done within the scope of his or her employment or agency.

443.14 History History: 1979 c. 167 ss. 5, 21, 40, 48; 1979 c. 355; 1983 a. 189 s. 329 (18); 1991 a. 309; 1993 a. 463, 465, 491; 1995 a. 227; 1997 a. 27, 300; 2005 a. 360; 2009 a. 123; 2011 a. 146, 150; 2013 a. 358.

443.15 443.15 Exempt buildings.

443.15(1) (1) Nothing in this chapter prevents any person from advertising and performing services, including consultation, investigation, evaluation, in connection with and making plans and specifications for, or supervising the erection, enlargement or alterations of any of the following buildings:

443.15(1)(a) (a) Dwellings for single families, and outbuildings in connection with single-family dwellings, including, but not limited to, barns and private garages.

443.15(1)(b) (b) Apartment buildings used exclusively as the residence of not more than 2 families.

443.15(1)(c) (c) Buildings used exclusively for agricultural purposes.

443.15(1)(d) (d) Temporary buildings or sheds used exclusively for construction purposes, not exceeding 2 stories in height, and not used for living quarters.

443.15(2) (2) Nothing in this chapter prevents any person, firm or corporation from making plans and specifications for or supervising the erection, enlargement or alteration of any new building containing less than 50,000 cubic feet total volume or addition to a building which by reason of such addition results in a building containing less than 50,000 cubic feet total volume or structural alteration to a building containing less than 50,000 cubic feet total volume. Nothing in this chapter prevents any person, firm or corporation from making repairs or interior alterations to buildings which do not affect health or safety.

443.15(3) (3) Any multiple family building having a common roof and party walls shall be deemed a single building for purposes of this section.

443.15(4) (4) This section does not apply to inspection and service work done by employees of insurance rating bureaus, insurance service bureaus, insurance companies or insurance agents.

443.15 History History: 1979 c. 167.

443.16 443.16 Change of name. No person may practice architecture, landscape architecture, professional engineering, or interior design in this state under any other given name or any other surname than that under which the person was originally licensed or registered to practice in this or any other state, in any instance in which the examining board, after a hearing, finds that practicing under the changed name operates to unfairly compete with another practitioner or to mislead the public as to identity or to otherwise result in detriment to the profession or the public. This section does not apply to a change of name resulting from marriage or divorce.

443.16 History History: 1979 c. 98 s. 1; 1979 c. 167 s. 20; 1979 c. 337 s. 15; 1979 c. 355; 1993 a. 463, 465, 491; 1997 a. 300; 2009 a. 123; 2021 a. 195.

443.17 443.17 Seal or stamp; aiding unauthorized practice.

443.17(1) (1) No person who is registered under this chapter to practice architecture, landscape architecture or professional engineering may impress his or her seal or stamp upon documents which have not been prepared by the person or under his or her direction and control, knowingly permit his or her seal or stamp to be used by any other person or in any other manner knowingly aid or abet the unauthorized practice of architecture or professional engineering or the unauthorized use of the title “landscape architect” by persons not authorized under this chapter.

443.17(2) (2) 

443.17(2)(a) (a) The registered interior designer section of the examining board shall promulgate rules establishing specifications for seals and stamps used by Wisconsin registered interior designers.

443.17(2)(b) (b) No Wisconsin registered interior designer may impress his or her seal or stamp upon a document unless the seal or stamp satisfies the specifications established by rule under par. (a).

443.17(3) (3) A Wisconsin registered interior designer who is responsible for preparing an interior technical submission for delivery to any person or for a public record shall date, sign, and impress his or her seal or stamp upon the interior technical submission and any other related documents prepared by the Wisconsin registered interior designer.

443.17(4) (4) No Wisconsin registered interior designer may impress his or her seal or stamp upon a document that has not been prepared by the Wisconsin registered interior designer or knowingly permit his or her seal or stamp to be used by any other person.

443.17 History History: 1979 c. 167; 1993 a. 463, 465, 491; 1997 a. 300; 2021 a. 195.

443.175 443.175 Submission of documents; interior designers.

443.175(1) (1) Subject to s. 443.17 (3), a Wisconsin registered interior designer may sign and seal interior technical submissions that are required for an interior alteration or interior construction project for public record.

443.175(2) (2) If a city, village, town, or county requires a seal or stamp on interior technical submissions that are submitted for an interior alteration or interior construction project, the city, village, town, or county shall accept interior technical submissions impressed with the seal or stamp of a Wisconsin registered interior designer consistent with this chapter.

443.175 History History: 2021 a. 195.

443.18 443.18 Penalties; law enforcement.

443.18(1) (1) Unauthorized practice; penalty.

443.18(1)(a) (a) Any person who practices or offers to practice architecture, landscape architecture, or professional engineering in this state, or who uses the term “architect,” “landscape architect,” or “professional engineer” as part of the person’s business name or title, except as provided in s. 443.08 (6), or in any way represents himself or herself as an architect, landscape architect, or a professional engineer unless the person is registered or exempted in accordance with this chapter, or unless the person is the holder of an unexpired permit issued under s. 443.10 (1) (d), or any person presenting or attempting to use as his or her own the certificate of registration of another, or any person who gives any false or forged evidence of any kind to the examining board or to any section of the examining board or to any member of the examining board or to any member of any section of the examining board in obtaining a certificate of registration, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked certificate of registration, or violates any of the provisions of this section, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.

443.18(1)(b) (b) All duly constituted officers of the law of this state or any political subdivision shall enforce this chapter and prosecute any persons violating this chapter.

443.18(2) (2) Injunction.

443.18(2)(a) (a) If it appears upon complaint to the examining board or to any section of the examining board by any person, or is known to the examining board or to any section of the examining board that any person who is neither registered nor exempt under this chapter nor the holder of an unexpired permit under s. 443.10 (1) (d) is practicing or offering to practice, or is about to practice or to offer to practice, architecture, landscape architecture, or professional engineering in this state, the appropriate section of the examining board or the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of this state against any such person to enjoin the person from practicing or offering to practice architecture, landscape architecture, or professional engineering.

443.18(2)(b) (b) If it appears upon complaint to the examining board by any person, or is known to the examining board that any person who does not have a license to engage in the practice of professional land surveying in this state, or who is not exempt or excepted from the licensure requirements under this chapter, is engaging in or offering to engage in the practice of professional land surveying in this state, the professional land surveyor section, the examining board, the department, the department of justice, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of the state to enjoin the person from engaging in or offering to engage in the practice of professional land surveying.

443.18(3) (3) Penalties; law enforcement. Any person who violates this chapter shall be fined not more than $500 or imprisoned not more than 3 months or both.

443.18 History History: 1979 c. 167 ss. 27, 28, 45, 46; 1981 c. 20; 1993 a. 463, 465, 491; 1997 a. 300; 1995 a. 85; 2009 a. 123; 2011 a. 146; 2013 a. 358.

443.20 443.20 Indemnification in civil contracts.

443.20(1) (1) In this section:

443.20(1)(a) (a) “Civil contract” means any contractual agreement between the state or a political subdivision and a private entity.

443.20(1)(b) (b) “Design professional” means any of the following:

443.20(1)(b)1. 1. Architect.

443.20(1)(b)2. 2. Engineer-in-training.

443.20(1)(b)3. 3. Landscape architect.

443.20(1)(b)4. 4. Professional engineer.

443.20(1)(b)5. 5. Professional land surveyor.

443.20(1)(b)6. 6. Wisconsin registered interior designer.

443.20(1)(c) (c) “Design professional services” means any service performed by a design professional and services performed by others that arise out of or are related to services performed by a design professional, including the following:

443.20(1)(c)1. 1. Studies.

443.20(1)(c)2. 2. Planning.

443.20(1)(c)3. 3. Surveys.

443.20(1)(c)4. 4. Project management.

443.20(1)(c)5. 5. Traffic management.

443.20(1)(c)6. 6. Preparatory work.

443.20(2) (2) Notwithstanding s. 895.447, any provision of a civil contract containing any of the following, explicitly or in effect, is void and unenforceable:

443.20(2)(a) (a) A provision requiring a private entity performing design professional services to indemnify the state or any political subdivision, except as provided in sub. (3) (a).

443.20(2)(b) (b) A provision requiring a private entity performing design professional services to defend the state or any political subdivision in any legal action.

443.20(3) (3) The limitations under sub. (2) (a) do not apply to any of the following:

443.20(3)(a) (a) Indemnification provisions in any civil contract in which a private entity’s indemnification obligation is limited to losses proximately caused by the negligent performance of design professional services by the private entity and does not exceed the proportion of a loss caused by the negligent performance.

443.20(3)(b) (b) Provisions required to be included in the state’s or a political subdivision’s contracts with the federal government to the extent the provisions conflict with sub. (2).

443.20(3)(c) (c) A provision in a civil design contract that requires a private entity to indemnify the state or any political subdivision for damages caused by the private entity’s acts or omissions if the acts or omissions involve reckless, wanton, or intentional misconduct.

443.20(4) (4) Nothing in this section may be construed as a waiver of any immunity or other limitation of liability described in this chapter or ch. 893 or 895.

443.20(5) (5) Nothing in this section may be construed to prohibit the state or any political subdivision from requiring a private entity to provide proof of liability insurance as a condition of contract.

443.20 History History: 2023 a. 211.