READ FIRST TIME 02/06/04.   

     AN ACT Relating to protecting the title of interior design; adding a new chapter to Title 18 RCW; creating a new section; prescribing penalties; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   In order to safeguard human health, safety, and property, and to promote public welfare, any person in either a public or private capacity using the title of interior designer shall be required to submit evidence that he or she is qualified under the provisions of section 3 of this act.

NEW SECTION.  Sec. 2   As used in this chapter, unless the context otherwise requires:
     (1) "Department" means the department of licensing.
     (2) "Interior design" means client consultation and the preparation and administration of design documents, including design studies, drawings, schedules, specifications, and contracts relating to the nonstructural and nonseismic interior elements of a building or structure. "Nonstructural and nonseismic interior elements" includes but is not limited to ceilings and partition systems. "Interior design" includes but is not limited to preparation of working drawings and specifications for nonload bearing interior construction, reflected ceiling plans, detailing, materials, finishes, space planning, furnishing, fixtures, and equipment, in compliance with universal accessibility and guidelines and all applicable codes.
     (3) "Interior designer" means a person registered under this chapter who is a registered design professional qualified by education, experience, and examination to affect the function, safety, and quality of interior spaces.
     (4) "Reflected ceiling plan" means a ceiling design drawing that includes the locations of lighting fixtures and specifications of ceiling materials, finishes, or other ceiling elements.
     (5) "Registration" means the certificate of registration issued by the department to an interior designer under this chapter.
     (6) "Space planning" means the analysis of spatial and occupancy requirements, including but not limited to preliminary space, final space, furnishing, fixture, and equipment plans.

NEW SECTION.  Sec. 3   (1) An applicant may qualify for registration as an interior designer if the applicant pays any applicable fee established by the department and shows to the satisfaction of the department that the applicant:
     (a)(i) Has a current certificate number issued by the national council for interior design qualification; and
     (ii) Has six years combined work experience and formal education in interior design. At a minimum, there must be two years of formal education in interior design; or
     (b) Provides the department, by July 1, 2007, with proof of fifteen years of work experience as an interior designer and either two years of formal education in interior design or a current certificate number issued by the national council for interior design qualification prior to the effective date of this section.
     (2) The department may also grant registration by reciprocity. An applicant applying to the department for registration by reciprocity must furnish satisfactory evidence that the applicant meets both of the following requirements:
     (a) Holds a valid registration or license issued by another registration authority recognized by the department, where the qualifications for registration or licensure are substantially equivalent to those required by this chapter on the date of original registration or licensure with the other registration authority; and
     (b) Holds a current certificate number issued by the national council for interior design qualification.
     (3) The department must develop by rule, in consultation with professional organizations representing interior design, the necessary forms to use in verifying education and work experience for registration.

NEW SECTION.  Sec. 4   The department must grant a certificate of registration to an applicant who meets the requirements of section 3 of this act beginning July 1, 2005.

NEW SECTION.  Sec. 5   (1) The renewal date for certificates of registration shall be set by the director in accordance with RCW 43.24.086. An interior designer who fails to pay the renewal fee within thirty days of the due date shall pay all delinquent fees plus a penalty fee equal to one-third of the renewal fee. An interior designer who fails to pay a renewal fee for a period of five years may be reinstated under such circumstances as the department determines. The renewal and penalty fees and the frequency of renewal assessment must be adopted by the department by rule.
     (2) An interior designer in good standing may withdraw from the practice of interior design by giving written notice to the department, and may within five years thereafter resume active practice upon payment of the then-current renewal fee. An interior designer may be reinstated after a withdrawal of more than five years under such circumstances as the department determines by rule.
     (3) An interior designer registered under this chapter must complete one continuing education unit, equal to ten hours of continuing education instruction, every two years. The department, in consultation with professional organizations representing interior design, must develop a form to verify continuing education.

NEW SECTION.  Sec. 6   The director may issue a new certificate of registration to replace a lost, destroyed, or mutilated certificate. The director must charge a fee as determined by RCW 43.24.086 for the issuance of the new certificate.

NEW SECTION.  Sec. 7   Beginning July 1, 2007, a person may not use the title "interior designer" in this state or any other title, designation, sign, card, or device indicating that the person is an interior designer unless he or she is registered under the provisions of this chapter. Every holder of a certificate of registration under this chapter must display it in a conspicuous place in the holder's principal office, place of business, or employment. No corporation, firm, partnership, or association may be granted a certificate of registration under this chapter. This chapter does not prevent any individual from offering or providing interior design services provided they do not use the title "interior designer."

NEW SECTION.  Sec. 8   (1) A design document issued by an interior designer registered under this chapter must be signed, sealed, and dated by him or her. An interior designer must include the designer's registration number on all design documents issued by the interior designer when filed with public authorities. An interior designer must personally prepare or supervise the preparation of any design document that is signed and sealed by the interior designer or that lists the interior designer's registration number.
     (2) The department, in consultation with professional organizations representing interior design, must develop by rule the seal to be used by interior designers registered by the state.

NEW SECTION.  Sec. 9   The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.

NEW SECTION.  Sec. 10   (1) A person who violates a provision of this chapter or a rule adopted under it is guilty of a misdemeanor and may also be subject to a civil penalty in an amount not to exceed one thousand dollars for each offense.
     (2) Any public officer may initiate an action before the department to enforce the provisions of this chapter.
     (3) The department may apply for relief by injunction without bond to restrain a person from committing any act that is prohibited by this chapter. In such proceedings, it is not necessary to allege or prove either that an adequate remedy at law does not exist or that substantial irreparable damage would result from the continued violation thereof. The department is not liable for its actions in any such proceeding or in any other proceeding instituted by the department under this chapter. The department in any proper case shall cause prosecution to be instituted in any county or counties where any violation of this chapter occurs, and shall aid the prosecution of the violator.

NEW SECTION.  Sec. 11   This chapter does not affect or prevent the practice of architecture under chapter 18.08 RCW or engineering under chapter 18.43 RCW.

NEW SECTION.  Sec. 12   (1) Interior design limited to kitchen and bathroom design is exempt from registration requirements under this chapter. Notwithstanding the provisions of section seven of this act, persons practicing interior design limited to kitchen and bathroom design, may without registering under this chapter use the title "kitchen and bathroom interior designer."
     (2) The department of licensing shall conduct a review of the need for regulation of kitchen and bathroom interior designers using the public interest criteria set forth in RCW 18.118.010. In conducting the review, the department of licensing shall consult with representatives of kitchen and bathroom interior designers, interior designers, and consumers of interior design services. The department of licensing shall submit recommendations to the appropriate committees of the legislature by December 1, 2004, regarding (a) the need for regulation of kitchen and bathroom interior design; and (b) if some form of regulation is recommended, the minimum qualifications to meet the regulatory standard.
     (3) This section expires July 1, 2005.

NEW SECTION.  Sec. 13   This act may be known and cited as the interior design professionals act of 2004.

NEW SECTION.  Sec. 14   Sections 1 through 11 and 13 of this act constitute a new chapter in Title 18 RCW.