Analysis

Topic:Interior Designers
SPONSOR:Rep. Griffin
COMMITTEE:Senate Committee on Economic Development,International Trade and Regulatory Affairs

POSITION: The Department of Consumer and Industry Services does not support the bill.

BACKGROUND: In residential, commercial, and industrial buildings, interior designers work with other licensed professionals in the design and construction industry to insure that a building meets applicable safety and environmental requirements for interior space design, selection of furnishings, equipment, and materials, fire safety, placement of fixtures, ceilings, lighting design, placement of non-load bearing partitions, and barrier-free building access and egress. Recent efforts to establish licensing or title registration programs for interior designers by statute have not been successful, and interior designers have been enjoined from practice of their profession in some instances due to conflict with licensed design professionals regulated by the Occupational Code. In House Bill 4535, as first introduced, interior designers sought exemption from Article 20 of the Occupational Code which regulates architects and professional engineers. Substitute H-4 passed by the House amends Article 6 of the Code, which defines violations, rather than Article 20 which establishes licensure. With the enactment of Public Act 400 of 1994, interior designers and building designers were exempted from court injunctions against unlicensed practice, but no definitions of interior design practice were included in that statutory change. Further, current licensure law restricts local building officials from issuing building permits and accepting official filing of interior design plans without the seal of an architect or professional engineer.

DESCRIPTION OF THE BILL: Substitute H-4 of House Bill 4535 does not amend Article 20 which governs the licensure of architects, engineers, and design professionals, but amends Article 6 of the Occupational Code which prohibits practice of a licensed profession or unauthorized use of a registered title. Since the exemption from injunctions against unlicensed practice found in Section 601 did not define interior designers, Substitute H-4 of House Bill 4535 establishes a definition of a scope of practice for interior designers in Section 601 (10). It also creates a certification committee established by and reporting to the Board of Architects to verify the education, experience, and examination eligibility for qualified applicants. The Board would be required to publish a list of interior designers who have met the certification standards established by the National Council for Interior Design Qualification. Interior designers would be required to have and use a rectangular, nonembossed stamp with the interior designer's name, business address and other information on it. Use of the stamp must be accompanied by the interior designer's original signature.

SUMMARY OF ARGUMENTS:

Pro: Substitute H-4 represents a compromise effort to give the Board of Architects control over the certification of interior design professionals and thereby reduce conflict over appropriate roles in the design and planning of interior building spaces, equipment, materials, and safety codes. The amendment creates an advisory committee under the auspices of the Board of Architects to review applicant qualifications and certify those who have met appropriate criteria. This procedure can serve to identify trained professionals who have passed the national certifying examination and who can be expected to provide competent services to the public.

Con: The proposed amendment establishes administrative procedures which are similar to licensure, but which do not provide the enforcement authority contingent with licensure statutes. The following provisions are at variance with current administrative processes:

FISCAL INFORMATION: There will be costs to the Department to establish a subcommittee appointed by the Board of Architects, including the payment of per diem and travel costs for 5 additional individuals who are not members of the board. Costs for publication and statewide distribution of listings of approved interior designers are not known at this time.

ECONOMIC IMPACT: The amendment to the Occupational Code will allow the filing of plan documents for interior building design, furnishings, materials, equipment, and space usage by state-certified interior design professionals so long as they do not materially impact a building's structural, mechanical, electrical, or safety systems or impinge on the licensed scopes of practice of architecture or professional engineering. The availability of a state-sanctioned list of qualified interior design professionals could assist state and local building officials and inspectors to verify credentials and identify those individuals who have met the criteria for license exemptions.