Analysis

Topic: Interior Design
Sponsor: Senator Schuette
Committee: Economic Development, International Trade and Regulatory Affairs
Date Introduced: March 21, 2002
Date of Analysis: April 17, 2002

Position: The Department does not support the bill in its current form.

Background: Interior designers are unlicensed professionals whose work is to enhance the function and quality of interior spaces. The interior designer formulates preliminary design concepts; prepares working drawings and specifications for non-load bearing interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment; and collaborates with licensed practitioners who offer professional services in technical areas related to mechanical, electrical, and load-bearing design for purposes of regulatory approval.

Michigan law requires that documents submitted to a local building official for the purpose of securing a building permit bear the official seal of an architect or engineer. However, documents that relate solely to the internal layout of the building and do not affect structural, electrical, mechanical, plumbing or fire safety systems are not required to be sealed by a licensed design professional. Although such work typically does not require a building permit, the documents may be used in conjunction with construction related to a permit issued by a building department. Hence, interior design documents are commonly included with the documents signed and sealed by a licensed architect or engineer. Interior design documents, which are not required to secure a building permit, do not require an interior designer's seal. Therefore, the rectangular embossed stamp provided to interior designers as a result of 1998 PA 250 may not appear to hold much value, especially to many local building officials who continue to refuse to accept documents sealed and submitted by interior designers.

Description of Bill: SB 1216 is tie-barred to SB 1215. SB 1216 proposes the following:

Section 10a(1) requires plans and specifications to be signed and sealed by an architect or engineer licensed under Article 20 of the Occupational Code.

Section 10a(2) provides that an interior designer shall prepare documents for interior designs. No longer would it be acceptable for an architect or engineer to submit interior design documents in addition to building plans and specifications. In fact, the bill would cause the placement of two certifications of the documents submitted for a permit.

Section 10a(3) duplicates exception language used in the Michigan Occupational Code.

Arguments For: The rectangular embossed stamp provided to interior designers in 1998 PA 250 does not appear to have much value, as many local building officials reportedly continue to refuse to accept documents sealed by interior designers. SB 1216 gives credence to the seal, as it requires interior design documents to be sealed by interior design professionals.

Arguments Against: Interior design may be accomplished without the need for permits and plans. Where plans are required, properly qualified individuals (architects or engineers) are most qualified to prepare the documents that impact the building life safety systems including lighting, ventilation, means of egress, interior finishes, and structural systems. Architects traditionally prepare documents that include interior finishes for purposes of fire protection. This includes identification of flame spread, and where fire assemblies (walls, floor/ceiling assemblies, ceiling/roof assemblies) are required, the finish has an impact on the overall rating of the fire assembly.

Currently, interior designers may secure permits for work under the State Construction Code Act for work NOT including electrical, mechanical, and plumbing installations. These disciplines are regulated by other acts. Therefore, the need to include permit information in this section of the law is unnecessary. Specifically, section 10 of the State Construction Code Act provides for who may apply for a permit, and Section 11 provides for the issuance of permits.

SB 1216 has significant impact on the Bureau of Construction Codes, as it would result in changes in the determination of when a permit could be issued and to whom. The bill would impact the licensing laws and codes for electrical, mechanical, and plumbing. Hence, without also amending the other codes, a potential conflict would exist between the provisions of the bill and the Electrical Administrative Act, the Forbes Mechanical Contractors Act, and the State Plumbing Law.

As currently written, section 10a(1) would allow an interior designer to secure an electrical permit, mechanical permit or plumbing permit

We would suggest the provisions of section 10a(1) be revised to read as follows:

NOTWITHSTANDING ANY LAW OR RULE TO THE CONTRARY, THE CONSTRUCTION DOCUMENTS FOR NEW CONSTRUCTION, ALTERATION, REPAIR, EXPANSION, ADDITION, OR MODIFICATION FOR BUILDINGS OR STRUCTURES SHALL BE PREPARED BY OR UNDER THE DIRECT SUPERVISION OF AN ARCHITECT OR PROFESSIONAL ENGINEER LICENSED UNDER ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO 339.2014. THE CONSTRUCTION DOCUMENTS SHALL INCLUDE THE NAME AND ADDRESS FO THE ARCHITECT OR PROFESSIONAL ENGINEER AND SHALL BEAR THAT PERSON'S ORGINAL SIGNATURE, SEAL, OR STAMP AND THE DATE.

Further, we would suggest section 2 be revised to read as follows:

NOTWITHSTANDING ANY LAW, RULE, OR CODE PROVISION TO THE CONTRARY, INTERIOR DESIGN DOCUMENTS DEFINED IN SECTION 601(10 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.601 SHALL BE PREPARED BY AN INTERIOR DESIGNER. INTERIOR DESIGN DOCUMENTS SHALL BEAR THAT PERSON'S NAME, BUSINESS ADDRESS, TITLE, AND NUMBER ISSUED BY THE NATIONAL COUNCIL ON INTERIOR DESIGN QUALIFICATION. IF APPLICABLE, AS WELL AS THE ORIGINAL SIGNATURE OF THE INTERIOR DESIGNER. THIS SECTION AUTHORIZES THE ISSUANCE OF A PERMIT TO A QUALIFIED INTERIOR DESIGNER FOR ONLY THOSE ACTIVITIES AS DESCRIBED IN THE INTERIOR DESIGN DOCUMENTS.

Finally, we would suggest that section 10a(3) be deleted in its entirety. As stated earlier, section 10a(3) duplicates exception language used in the Michigan Occupational Code. This exemption language has commonly been referenced in the Michigan Building Codes in order to assure consistency between the code and the Occupational Code. This utility has worked well in the past. Placing the language in the State Construction Code Act could result in differing requirements should one or the other be modified.

Supporters/Opponents: No information is available at this time.

Fiscal Information: This bill would require an outreach and educational campaign by the Department for local code officials. Further, it is tie-barred to SB 1215, which has a more significant fiscal impact on the Department.

Economic Impact: SB 1216, which is tie-barred to SB 1215, would require a second stamp on drawings that involve projects with interior design elements. Currently, architects and engineers are allowed to perform interior design functions without the need for a registered interior designer. SB 1216 would require the owner/developer to incur the costs for both an architect (or engineer) and an interior designer.

Administrative Rules Impact: SB 1215 and SB 1216 are tie-barred, and these bills would require modification of administrative rules for building code, electrical code, mechanical code, residential code, as well as the interior design rule (R 339.601).