HB 1608

Brief Description: Concerning the practice of interior design.

Sponsors: Representatives Williams, Campbell, Dickerson, Green and Ormsby.

Hearing Date: 1/15/10

Staff: Alison Hellberg (786-7152).

Background:

The Department of Licensing (Department) regulates various businesses and professions under specific licensing laws. Each business and profession is under either the disciplinary authority of the Department, or a board or commission charged with regulating that particular profession.

The practice of interior design is not regulated in Washington.

The National Council for Interior Design Qualification (NCIDQ) is a nonprofit organization. The NCIDQ develops standards of competence in the practice of interior design and issues certificates to interior design professionals.

Summary of Bill:

Practice of registered interior design.

The practice of registered interior design is restricted to those who are registered by the State Board for Registered Interior Designers (Board). Use of the phrases "interior design" or "interior designer" are not affected if a person does not practice registered interior design. The "practice of registered interior design" means the rendering of services to enhance the quality and function of the nonstructural interior areas of a structure designed for human habitation or occupancy. The term includes:

• an analysis of a client's needs and goals and the requirements for safety relating to that area;

• the formulation of preliminary designs that are appropriate, functional, and aesthetic;

• the development and presentation of final designs for the alteration or construction of the space;

• the preparation of contract documents, including specifications for partitions, materials, finishes, furniture, fixtures, and equipment;

• collaboration with other registered design professionals in the completion of a project;

• the preparation and administration of bids or contracts as the agent of a client;

• the review and evaluation of problems relating to the design of a project;

• the understanding and application of the appropriate building codes; and

• performance by an individual who meets the education, examination, and experience requirements.

Registration qualifications.

The Department must grant a certificate of registration to all qualified applicants who have been determined qualified by the Board. In order to qualify, an applicant must pass the required examination, be of good moral character, be at least 18 years of age, and provide proof of one of the following:

• an interior design degree from an institution of higher education as necessary to sit for the NCIDQ exam including no less than 60 semester or 90 quarter credit hours of interior design coursework that culminates in a degree or diploma;

• a substantially equivalent program of interior design education approved by the Board including, no less than 60 semester or 90 quarter credit hours of interior design coursework that culminates in a degree or diploma; or

• the alternate education review process as administered by the NCIDQ.

The applicant must also provide:

• proof of documented experiences as required by the NCIDQ for exam eligibility including, no less than 3,520 hours of interior design work experience; and

• verification issued by the NCIDQ as proof that the applicant has passed the examination prepared and administered by the NCIDQ; or proof that the applicant is a registered architect with documented proof of six years of combined education and experience in the practice of interior design and approved by the Board.

Business entities that offer to practice or engage in the practice of registered interior design must have a registered interior designer with responsible control for the interior design work. These business entities must obtain a certificate of authorization from the Board and furnish the Board with information about it's organization and activities.

Exemptions.

These registration requirements do not affect or prevent:

• the practice of architecture, landscape architecture, and engineering or naval architecture;

• an architect who is registered in this state from providing interior design services or registered interior design services;

• any persons from calling themselves an interior designer or offering interior design services, provided they do not refer to themselves as a registered interior designer;

• any person who provides decorative services;

• any employee of a retail establishment, wholesale establishment, or commercial furniture dealership;

• any person from doing interior design work including preparing construction contract documents and administration of the construction contract;

• drafter, clerks, project managers, superintendents and other employees, or consultants of a registered interior designer from acting under the instruction of their employers;

• the construction, alteration, or supervision of construction by registered contractors or superintendents employed by contractors;

• owners or contractors from engaging persons who are not registered interior designers or registered architects to observe and supervise construction of a project; or

• any person who prepares plans, drawings, or specifications for buildings for that person's own private residential use.

State Board of Registered Interior Designers.

The State Board for Registered Interior Designers is created. The membership of the Board consists of three registered interior designers and one member of the public. The interior design members must be residents of the state and have at least eight-years experience in the practice of interior design work or teaching. Members are appointed to six-year terms by the Governor.

Prohibited practices.

The Board must impose disciplinary procedures if a person:

• holds himself/herself out to the public or to solicit business as a registered interior designer without having a certificate of registration or temporary certificate;

• advertises in a way that indicates to the public that the person is a registered interior designer or otherwise qualified to practice as a registered interior designer, without having a certificate of registration;

• practices as a registered interior designer without a certificate of registration; or

• violates any other provisions of the registered interior designer requirements.

Seal and sign requirements.

Registrants must obtain a Board-approved seal bearing the registrant's name, registration number, and the legend "registered interior designer." Any construction documents prepared by the registrant for filing must bear the signature and seal of the registrant. A registered interior design may seal and sign certain nonstructural technical submissions.

Grandfathering.

Any person who applies for registration within the first two years of the bill going into effect must be registered if they meet the following requirements:

• the education, examination, and experience requirements for all applicants;

• the applicant had previously passed the NCIDQ examination; or

• the applicant has 15 years of documented proof of diversified experience in the practice of interior design as approved by the Board.

Reciprocity.

The Department may register an applicant who is registered or licensed in another state or jurisdiction if the individual's qualification and active certificate number issued by the NCIDQ are determined by the Board to be equivalent or more stringent than Washington's requirements. An interior designer or interior design firm registered in any other jurisdiction, but not registered in the state, may offer to practice in Washington if:

• it is clearly stated in their proposal for services that they are not currently registered in Washington; and

• prior to practicing registered interior design, the person or firm registers to practice as an interior designer in Washington.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.