BILL REQ. #: H-1128.3
| State of Washington | 62nd Legislature | 2011 Regular Session |
AN ACT Relating to the practice of registered interior design; amending RCW 18.235.020; and adding a new chapter to Title 18 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
(2) An interior designer or interior design firm registered in any
other jurisdiction recognized by the board, but not registered in the
state of Washington, may offer to practice registered interior design
in this state if:
(a) The person or firm clearly states in their proposal for
services that they are not currently registered to practice registered
interior design in the state of Washington; and
(b) Prior to practicing registered interior design or signing a
contract to provide registered interior design services 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
(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) "Business entity" includes any office or place of business in
this state that offers to practice or engages in the practice of
registered interior design and holds a certificate of authorization
issued pursuant to this chapter.
(5) "Certificate of authorization" means a certificate issued by
the director to a business entity that authorizes the entity to
practice registered interior design.
(6) "Certificate of registration" means the certificate issued to
a newly registered interior designer.
(7) "Department" means the department of licensing.
(8) "Director" means the director of the department of licensing.
(9) "Engineer" means an individual who is registered as an engineer
under chapter 18.43 RCW.
(10) "Interior design" means the rendering of services in
connection with the art and science of building design and includes but
not specifically limited to predesign services, schematic design,
design development, preparation of construction contract documents,
administration of the construction contract for new construction,
alteration, or repairs of or to any nonstructural interior area of any
occupancy not exceeding four thousand square feet. 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 is 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) The preparation and administration of bids or contracts as the
agent of a client; and
(f) The review and evaluation of problems relating to the design of
a project.
Interior design may not be regulated under this chapter.
(11) "Partition" means a wall that divides a space that is not a
part of the building's structure nor serves 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 or business entity authorized to
do business in the state.
(13) "Practice of registered interior design" means the rendering
of interior design services to any nonstructural interior area designed
of residential or nonresidential buildings of any occupancy regardless
of size, including those that require review and approval by a
jurisdiction or permitting office. The term includes:
(a) Collaboration with other registered design professionals and
registered professional design firms in the completion of a project;
(b) The understanding and application of the appropriate building
codes;
(c) Performance by an individual who meets the education,
examination, and experience requirements under section 7 of this act.
(14) "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.
(15) "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.
(16) "Registered professional design firm" means a business entity
registered in Washington to offer and provide registered interior
design services under this chapter.
(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
NEW SECTION. Sec. 4
(a) Four members must be qualified as described by section 7 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.
The four initial appointees must be registered under this chapter
within one year of the first person being registered under this
chapter. Subsequent to the initial appointments, all members except
the public member must be certified 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) All board members must serve a term of six years, except the
initial appointees to the board shall serve the following terms: One
board member must serve for two years; one must serve for three years;
one must serve for four years; one must serve for five years; and the
public member must serve for six years. No member may serve more than
two consecutive terms on the board, but any member is eligible for
reappointment after an absence of at least one year from 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 cause.
Vacancies in the board for any reason must be filled by appointment for
the unexpired term.
(3) The board shall elect a chair, a vice chair, and a secretary.
The secretary may delegate his or her authority to the executive
director.
(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. 5
(2) The director shall employ an executive director subject to
approval by the board.
NEW SECTION. Sec. 6
(2) Applicants who fail to pass any section of the examination may
be permitted to retake the parts failed as prescribed by the board.
Applicants have five years from the date of the first passed
examination section to pass all remaining sections. If the entire
examination is not successfully completed within five years, any
sections that were passed more than five years prior must be retaken.
If a candidate fails to pass all remaining sections within the initial
five-year period, the candidate is given a new five-year period from
the date of the second oldest passed section. All sections of the
examination must be passed within a single five-year period for the
applicant to be deemed to have passed the complete examination.
NEW SECTION. Sec. 7
(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 which includes 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 determined by the
board; and
(b) Proof of documented experience of no less than three thousand
five hundred twenty hours of interior design work experience; and
(c)(i) Verification that the applicant has passed the required
examination determined by the board; 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. 8
(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,
but are not limited to, 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.
(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. 9
NEW SECTION. Sec. 10
(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, 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. 11
(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 entity
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 entity and the registrants and
licensees who are owners responsible for the violation.
(3) No person 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 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. 12
(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)(a) A registered interior designer must demonstrate professional
development since the interior designer's last renewal or initial
registration, as the case may be. The board shall by rule describe
professional development activities acceptable to the board and the
form of documentation of the activities required by the board. The
board may decline to renew a registration if the interior designer's
professional development activities do not meet the standards set by
the board by rule. When adopting rules under the authority of this
subsection, the board shall strive to ensure that the rules are
consistent with the continuing professional education requirements and
systems in use by national professional organizations representing
interior designers and in use by other states.
(b) A registered interior designer shall, as part of his or her
license renewal, certify that he or she has completed the required
continuing professional development required by this section.
(c) The board may adopt reasonable exemptions from the requirements
of this section.
NEW SECTION. Sec. 13
(1) The education, examination, and experience requirements in
section 7 of this act;
(2) The applicant has previously passed the required examination;
or
(3) Has eight 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
required examination. Accommodation for an individual to sit for the
code section of the required examination must be provided by the board.
NEW SECTION. Sec. 14 The board has the power to impose any
action listed under RCW 18.235.110 upon the following grounds:
(1) Offering to pay, paying, or accepting, either directly or
indirectly, any substantial gift, bribe, or other consideration to
influence the award of professional work;
(2) Being willfully untruthful or deceptive in any professional
report, statement, or testimony;
(3) Having a financial interest in the bidding for or the
performance of a contract to supply labor or materials for or to
construct a project for which employed or retained as a registered
interior designer except with the consent of the client or employer
after disclosure of such facts; or allowing an interest in any business
to affect a decision regarding registered interior design work for
which retained, employed, or called upon to perform;
(4) Signing or permitting a seal to be affixed to any drawings or
specifications that were not prepared or reviewed by the registered
interior designer or under the registered interior designer's personal
supervision by persons subject to the registered interior designer's
direction and control; or
(5) Willfully evading or trying to evade any law, ordinance, code,
or regulation governing construction of buildings.
NEW SECTION. Sec. 15 The board shall suspend the certificate or
registration of any person who has been certified by a lending agency
and reported to the board for nonpayment or default on a federally or
state-guaranteed educational loan or service-conditional scholarship.
Prior to the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW 34.05.485
through 34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional
scholarship. The person's certificate or registration may not be
reissued until the person provides the board a written release issued
by the lending agency stating that the person is making payments on the
loan in accordance with a repayment agreement approved by the lending
agency. If the person has continued to meet all other requirements for
certification or registration during the suspension, reinstatement is
automatic upon receipt of the notice and payment of any reinstatement
fee the board may impose.
NEW SECTION. Sec. 16 The board shall immediately suspend the
certificate of registration or certificate of authorization to practice
registered interior design of a person who has been certified pursuant
to RCW 74.20A.320 by the department of social and health services as a
person who is not in compliance with a child support order. If the
person has continued to meet all other requirements for a certificate
during the suspension, reissuance of the certificate is automatic upon
the board's receipt of a release issued by the department of social and
health services stating that the individual is in compliance with the
child support order. The procedure in RCW 74.20A.300 is the exclusive
administrative remedy for contesting the establishment of noncompliance
with a child support order, and suspension of a certificate under this
section and satisfies the requirements of RCW 34.05.422.
NEW SECTION. Sec. 17 The uniform regulation of business and
professions act, chapter 18.235 RCW, governs unlicensed practice, the
issuance and denial of certificates, and the discipline of certificate
holders under this chapter.
Sec. 18 RCW 18.235.020 and 2010 c 179 s 18 are each amended to
read as follows:
(1) This chapter applies only to the director and the boards and
commissions having jurisdiction in relation to the businesses and
professions licensed under the chapters specified in this section.
This chapter does not apply to any business or profession not licensed
under the chapters specified in this section.
(2)(a) The director has authority under this chapter in relation to
the following businesses and professions:
(i) Auctioneers under chapter 18.11 RCW;
(ii) Bail bond agents and bail bond recovery agents under chapter
18.185 RCW;
(iii) Camping resorts' operators and salespersons under chapter
19.105 RCW;
(iv) Commercial telephone solicitors under chapter 19.158 RCW;
(v) Cosmetologists, barbers, manicurists, and estheticians under
chapter 18.16 RCW;
(vi) Court reporters under chapter 18.145 RCW;
(vii) Driver training schools and instructors under chapter 46.82
RCW;
(viii) Employment agencies under chapter 19.31 RCW;
(ix) For hire vehicle operators under chapter 46.72 RCW;
(x) Limousines under chapter 46.72A RCW;
(xi) Notaries public under chapter 42.44 RCW;
(xii) Private investigators under chapter 18.165 RCW;
(xiii) Professional boxing, martial arts, and wrestling under
chapter 67.08 RCW;
(xiv) Real estate appraisers under chapter 18.140 RCW;
(xv) Real estate brokers and salespersons under chapters 18.85 and
18.86 RCW;
(xvi) Security guards under chapter 18.170 RCW;
(xvii) Sellers of travel under chapter 19.138 RCW;
(xviii) Timeshares and timeshare salespersons under chapter 64.36
RCW;
(xix) Whitewater river outfitters under chapter 79A.60 RCW;
(xx) Home inspectors under chapter 18.280 RCW;
(xxi) Body artists, body piercers, and tattoo artists, and body
art, body piercing, and tattooing shops and businesses, under chapter
18.300 RCW; and
(xxii) Appraisal management companies under chapter 18.310 RCW.
(b) The boards and commissions having authority under this chapter
are as follows:
(i) The state board ((of registration)) for architects established
in chapter 18.08 RCW;
(ii) The Washington state collection agency board established in
chapter 19.16 RCW;
(iii) The state board of registration for professional engineers
and land surveyors established in chapter 18.43 RCW governing licenses
issued under chapters 18.43 and 18.210 RCW;
(iv) The funeral and cemetery board established in chapter 18.39
RCW governing licenses issued under chapters 18.39 and 68.05 RCW;
(v) The state board of licensure for landscape architects
established in chapter 18.96 RCW; ((and))
(vi) The state geologist licensing board established in chapter
18.220 RCW; and
(vii) The state board for registered interior designers established
in chapter 18.--- RCW (the new chapter created in section 19 of this
act).
(3) In addition to the authority to discipline license holders, the
disciplinary authority may grant or deny licenses based on the
conditions and criteria established in this chapter and the chapters
specified in subsection (2) of this section. This chapter also governs
any investigation, hearing, or proceeding relating to denial of
licensure or issuance of a license conditioned on the applicant's
compliance with an order entered under RCW 18.235.110 by the
disciplinary authority.
NEW SECTION. Sec. 19 Sections 1 through 17 of this act
constitute a new chapter in Title