BILL REQ. #:  S-0623.1 

Read first time 01/26/09.   Referred to Committee on Labor, Commerce & Consumer Protection.

     AN ACT Relating to the practice of interior design; and adding a new chapter to Title 18 RCW.

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

NEW SECTION.  Sec. 1   REGISTRATION OR AUTHORIZATION TO PRACTICE REQUIRED. (1) It is unlawful for any person to practice or offer to practice registered interior design in this state, or to use in connection with his or her name or otherwise assume, use, or advertise any title or description including the word "registered interior designer" or "registered interior design services" or language tending to imply that he or she is a registered interior designer, unless the person is registered or authorized to practice in the state of Washington under this chapter.
     (2) An interior designer or interior design firm registered in any other jurisdiction, but not registered in the state of Washington, may offer to practice registered interior design in this state if:
     (a) They clearly state in their proposal for services that they are not currently registered in the state of Washington; and
     (b) Prior to practicing registered interior design in the state of Washington, the person or firm registers to practice registered interior design in this state.
     (3) The provisions of this section may not affect the use of the words "interior design" or "interior designer" where a person does not practice or offer to practice registered interior design.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Administration of the construction contract" includes the periodic observation of materials and work to observe the general compliance with the construction contract documents, but does not include responsibility for supervising construction methods and processes, site conditions, equipment operations, personnel, or safety on the worksite.
     (2) "Architect" means an individual who is registered under chapter 18.08 RCW.
     (3) "Board" means the state board for registered interior designers.
     (4) "Certificate of authorization" means a certificate issued by the director to a business entity that authorizes the entity to practice registered interior design.
     (5) "Certificate of registration" means the certificate of registration issued by the board to a registered interior designer.
     (6) "Department" means the department of licensing.
     (7) "Director" means the director of the department of licensing.
     (8) "Engineer" means an individual who is registered as an engineer under chapter 18.43 RCW.
     (9) "Manager" means a member of a limited liability company in which management of its business is vested in the members, and the managers of a limited liability company in which management of its business is vested in one or more managers.
     (10) "NCIDQ" means the national council for interior design qualification.
     (11) "Partitions" means walls that divide a space that are not a part of the building's structure nor serve the building's load path. A partition supports its own weight and may be designed to provide varying levels of visual and acoustical privacy, smoke and fire resistance, and loads attached to it such as cabinetry or grab bars.
     (12) "Person" means any individual, partnership, professional service corporation, corporation, joint stock association, joint venture, or any other entity authorized to do business in the state.
     (13) "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:
     (a) An analysis of:
     (i) A client's needs and goals; and
     (ii) The requirements for safety relating to that area;
     (b) The formulation of preliminary designs that are appropriate, functional, and aesthetic;
     (c) The development and presentation of final designs for the alteration or construction of the space;
     (d) The preparation of contract documents, including specifications for partitions, materials, finishes, furniture, fixtures, and equipment;
     (e) Collaboration with other registered design professionals in the completion of a project;
     (f) The preparation and administration of bids or contracts as the agent of a client;
     (g) The review and evaluation of problems relating to the design of a project;
     (h) The understanding and application of the appropriate building codes; and
     (i) Performance by an individual who meets the education, examination, and experience requirements under section 4 of this act.
     (14) "Registered" means holding a currently valid certificate of registration or certificate of authorization issued by the director authorizing the practice of registered interior design.
     (15) "Registered design professional" means an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is being constructed.
     (16) "Registered interior designer" means a person who provides some, or all, of the services described in this chapter, and holds a certificate of registration issued by the board.
     (17) "Responsible control" means the amount of control over and detailed knowledge of the content of a technical submission during its preparation that is ordinarily exercised by a registered interior designer when applying the normal standard of professional care.
     (18) "Review" means a process of examination and evaluation, of the documents, for compliance with applicable laws, codes, and regulations affecting the built environment that includes the ability to control the final product.
     (19) "Structure" means any construction consisting of load-bearing members such as the foundation, roof, floors, walls, columns, girders, and beams or a combination of any number of these parts, with or without other parts or appurtenances.

NEW SECTION.  Sec. 3   BOARD OF REGISTRATION--APPOINTMENT, TERMS, VACANCIES, REMOVAL--OFFICERS--TRAVEL EXPENSES. (1) A state board for registered interior designers is created consisting of five members who must be appointed by the governor.
     (a) Four members of the initially appointed board shall be qualified as described by section 4 of this act, be residents of the state, and have at least eight years' experience in the practice of interior design in responsible control of interior design work or responsible charge of interior design teaching. These four appointees must be registered under this chapter within one year of the first person being registered under this chapter. One member must be a public member, a resident of the state, who is not and has never been an interior designer or registered interior designer and who does not employ and is not employed by or professionally or financially associated with an interior designer or registered interior designer.
     (b) Two of the initially appointed board members must serve for two years, two must serve for four years, and the public member must serve for six years. Thereafter, all board members must serve a term of six years. No member may serve more than two consecutive terms on the board. Each member must hold office until the expiration of the term for which the member is appointed or until a successor has been appointed by the governor.
     (2)(a) Every member of the board must receive a certificate of appointment from the governor.
     (b) The governor may remove any member of the board for inefficiency, neglect of duty, or dishonorable conduct. Vacancies in the board for any reason must be filled by appointment for the unexpired term.
     (3) The board must appoint one of its members as chair and one of its members as secretary and treasurer. The chair and secretary must each serve one year. The secretary of the board must keep a true and correct record of all proceedings of the board.
     (4) Members of the board must be compensated in accordance with RCW 43.03.240 and must be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 4   CERTIFICATE OF REGISTRATION--APPLICATION--QUALIFICATIONS. (1) The director must grant a certificate of registration to all qualified applicants who are determined by the board as having passed the required examination and as having given satisfactory proof of completion of the required education and work experience.
     (2) Applications for registration must be filed as the board prescribes by rule. The application and registration fees must be determined by the director under RCW 43.24.086.
     (3) An applicant for registration as a registered interior designer must be of good moral character, be at least eighteen years of age, and demonstrate:
     (a) Proof of one of the following:
     (i) An interior design degree from an institution of higher education as necessary to sit for the NCIDQ exam including, but not limited to, no less than sixty semester or ninety quarter credit hours of interior design coursework that culminates in a degree or diploma;
     (ii) A substantially equivalent program of interior design education approved by the board including, but not limited to, no less than sixty semester or ninety quarter credit hours of interior design coursework that culminates in a degree or diploma; or
     (iii) The alternate education review process as administered by the NCIDQ; and
     (b) Proof of documented experience as required by the NCIDQ for exam eligibility including, but not limited to, no less than three thousand five hundred twenty hours of interior design work experience; and
     (c)(i) Verification issued by the NCIDQ as proof that the applicant has passed the examination prepared and administered by the NCIDQ; or
     (ii) That the applicant is a registered architect with documented proof of six years of combined education and diversified experience in the practice of interior design as reviewed and approved by the board.

NEW SECTION.  Sec. 5   ISSUANCE OF CERTIFICATES OF REGISTRATION--SEAL, USE. (1) The director must issue a certificate of registration to any applicant who has, to the satisfaction of the board, met all the requirements for registration upon payment of the registration fee as provided in this chapter. All certificates of registration must show the full name of the registrant, have the registration number, and must be signed by the chair of the board and by the director. The issuance of a certificate of registration by the director is prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered interior designer and registered design professional.
     (2) Each registrant must obtain a seal of the design authorized by the board bearing the registered interior designer's name, registration number, the legend "registered interior designer," and the name of this state. It is unlawful to seal and sign a document after a registrant's certificate of registration or authorization has expired, been revoked, or is suspended.
     (3) Any interior design construction documents, which may include drawings, plans, specifications, or reports prepared or issued by the registered interior designer, being filed for public record with any jurisdiction or local building department for the purposes of obtaining a building permit must bear the signature and seal of the registered interior designer who prepared or approved the documents and the date sealed. Construction documents bearing the seal of a registered interior designer must be accepted for filing by the appropriate jurisdiction or local building department.
     (4) The board may adopt regulations specifying the manner in which a registered interior designer may electronically transmit construction documents.
     (5) A registered interior designer may seal and sign technical submissions that are nonstructural and are: Prepared by the registered interior designer; prepared by the registered interior designers' regularly employed subordinates; or prepared in part by an individual or firm under direct subcontract with the registered interior designer.
     (6) The secretary of the board must keep an official roster of all certificates of registration to practice as a registered interior designer in the state issued and renewed pursuant to the provisions of this chapter. The roster must be properly indexed and open for public inspection and information.

NEW SECTION.  Sec. 6   REGISTRATION OF OUT-OF-STATE REGISTRANTS. The director may, upon receipt of a current registration fee, grant a certificate of registration to any applicant who is registered or licensed in another state or jurisdiction if the individual holds an active certificate number issued by NCIDQ and the qualifications required by that state or jurisdiction are equivalent or more stringent, as determined by the board.

NEW SECTION.  Sec. 7   EXEMPTIONS. (1) This chapter may not affect or prevent:
     (a) The practice of architecture as authorized in chapter 18.08 RCW, landscape architecture as authorized in chapter 18.96 RCW, engineering as authorized in chapter 18.43 RCW, or naval architecture, or any legally recognized profession or trade not registered under this chapter;
     (b) An architect who is registered under applicable laws of this state from providing interior design services or registered interior design services providing that the architect does not refer to himself or herself as a registered interior designer unless registered under this chapter;
     (c) Any person from calling himself or herself an interior designer or offering interior design services provided that he or she does not refer to himself or herself as a registered interior designer and does not provide registered interior design services as defined in section 2 of this act;
     (d) Any person who provides decorative services, or assistance in selection of decorative accessories, surface materials, window treatments, wall coverings, paint, floor coverings, lighting fixtures which are not part of a structure, plumbing fixtures which are not part of a structure, cabinetry, surface-mounted fixtures, and loose furnishings and equipment not subject to regulation under applicable provisions of jurisdictional codes, regulations, or the jurisdictional fire codes, providing the person does not refer to himself or herself as a registered interior designer;
     (e) Any employee of a retail establishment, wholesale establishment, or commercial furniture dealership providing consultation or furnishings in the furtherance of a sale or prospective sale, providing the person does not refer to himself or herself as a registered interior designer;
     (f) Any person from doing interior design work including preparing construction contract documents and administration of the construction contract for:
     (i) Residential buildings regardless of the size of the building, so long as it does not contain more than four dwelling units;
     (ii) Residential buildings of more than four dwelling units, but only if the entire completed building is less than four thousand square feet;
     (iii) Nonresidential buildings of any occupancy not exceeding four thousand square feet;
     (g) Drafters, clerks, project managers, superintendents, and other employees or consultants of a registered interior designer from acting under the instructions, control, or supervision of their employers;
     (h) The construction, alteration, or supervision of construction by contractors registered under chapter 18.27 RCW or superintendents employed by contractors or the preparation of shop drawings in connection therewith;
     (i) Owners or contractors registered under chapter 18.27 RCW from engaging persons who are not registered interior designers or registered architects to observe and supervise construction of a project; or
     (j) Any person who prepares plans, drawings, or specifications for buildings for his or her own private residential use.
     (2) A person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.

NEW SECTION.  Sec. 8   BUSINESS ENTITY. (1) Each office or place of business in this state of any partnership, corporation, limited liability company, or other business organization or association that offers to practice or engages in the practice of registered interior design must have a registered interior designer who is a resident of this state and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and having responsible control for the interior design work or work relating to engaging in practice as a registered interior designer conducted in the office or place of business.
     (2) If a person who is not registered, or a registrant who is not an owner, and who is employed by or affiliated with a business organization or association which holds a certificate of authorization issued is found by the board to have violated a provision of this chapter or a regulation of the board, the board may hold the business organization or association and the registrants and licensees who are owners responsible for the violation.
     (3) No person, firm, copartnership, association, or other organization may bring or maintain any action in the courts of this state for the collection of compensation for the performance of any act or contract for which registration is required by this chapter without alleging and proving that the plaintiff was duly registered under this chapter at all times during the performance of the act or contract.
     (4) The business entity must furnish the board with information about its organization and activities as the board shall require by rule.
     (5) Upon the filing with the board of the application for certificate of authorization, the certified copy of the resolution, and the information specified in subsection (4) of this section, the board must authorize the director to issue to the business entity a certificate of authorization to practice registered interior design in this state.
     (6) For each certificate of authorization issued under this section, the business entity must pay a certification fee and an annual certification renewal fee as prescribed by the director under RCW 43.24.086.
     (7) Any business entity that has been registered under this chapter and has engaged in the practice of registered interior design may have its certificate of authorization either suspended or revoked by the board if, after a proper hearing, the board finds that the business entity has committed misconduct or malpractice. In such a case, any individual registered interior designer registered under this chapter who is involved in such misconduct or malpractice is also subject to disciplinary measures provided in this chapter.
     (8) Any business entity practicing or offering to practice registered interior design, whether or not it is authorized to practice registered interior design under this chapter, must be jointly and severally responsible to the same degree as an individual registered interior designer and must conduct their business without misconduct or malpractice in the practice of registered interior design as defined in this chapter.

NEW SECTION.  Sec. 9   RENEWAL--WITHDRAWAL. (1) The director must set the renewal date for certificates of registration in accordance with RCW 43.24.086. Registrants who fail to pay the renewal fee within thirty days of the due date must pay all delinquent fees plus a penalty fee equal to one-third of the renewal fee. A registrant who fails to pay a renewal fee for a period of five years may be reinstated under such circumstances as the board determines. The renewal and penalty fees and the frequency of renewal assessment must be authorized under this chapter. Renewal date for certificates of authorization and certificates of registration must be the anniversary of the date of authorization or date of registration.
     (2) Any registrant in good standing may withdraw from the practice of registered interior design by giving written notice to the director, and may within five years thereafter resume active practice upon payment of the then-current renewal fee. A registrant may be reinstated after a withdrawal of more than five years under such circumstances as the board determines.
     (3) The board must require each registered interior designer who holds a certificate of registration pursuant to the provisions of this chapter to complete ten hours per year of continuing education units approved by the board, as a condition to the renewal of his or her certificate.
     (4) The renewal must be recorded, together with its serial number, by the secretary of the board in the official register of the board under this chapter.
     (5) Except as otherwise provided in subsection (1) of this section, any holder of a certificate of registration which has expired through failure to be renewed may obtain a renewal of the certificate, at any time within one year from the date of its expiration, upon application to and with the approval of the board. The time for renewal of the expired certificate may be extended at the discretion of the board.

NEW SECTION.  Sec. 10   PROHIBITED ACTS--ENFORCEMENT--PENALTIES. (1) The board must comply with chapter 18.235 RCW and provide grounds for disciplinary action, and have disciplinary power to suspend, revoke, fine, annul registration, or impose a civil penalty for each violation provided that there is satisfactory proof of violated provisions of the rules adopted by the board.
     (2) It is unlawful for any person to:
     (a) Hold himself or herself out to the public or to solicit business as a registered interior designer in this state without having a certificate of registration or temporary certificate issued by the board. This subsection (2)(a) does not prohibit a person who is exempt under this chapter from the provisions of this chapter from holding himself or herself out to the public or soliciting business as an interior designer;
     (b) Advertise or put out any sign, card, or other device which indicates to the public that he or she is a registered interior designer or that he or she is otherwise qualified to practice as a registered interior designer, without having a certificate of registration issued by the board;
     (c) Practice as a registered interior designer without a certificate of registration issued by the board;
     (d) Violate any other provision of this chapter.

NEW SECTION.  Sec. 11   GRANDFATHERING. Any person, who applies for registration and remits the application and initial fees within a two-year period after the first person is registered under this chapter, must be registered by the board provided that the applicant meets one of the following requirements:
     (1) The education, examination, and experience requirements in section 4 of this act;
     (2) The applicant has previously passed the NCIDQ examination; or
     (3) Has fifteen years of documented proof of diversified experience in the practice of interior design as reviewed and approved by the board, and provides proof of passage of the code section of the NCIDQ exam. Accommodation for an individual to sit for the code section of the NCIDQ exam will be provided by the board and an NCIDQ certificate will not be granted, but the board will be notified of the exam section results.

NEW SECTION.  Sec. 12   CAPTIONS NOT LAW. Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 13   Sections 1 through 12 of this act constitute a new chapter in Title 18 RCW.