Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Consumer Protection & Business Committee
HB 2721
Brief Description: Concerning registered commercial interior designers.
Sponsors: Representatives Volz and Zahn.
Brief Summary of Bill
  • Expands the State Board of Architects to include authority over registered commercial interior designers and changes the name to the State Board of Architects and Registered Commercial Interior Designers (Board). 
  • Establishes registration requirements for the practice of commercial interior designers. 
  • Establishes prohibited practices and violations for registered commercial interior designers, plus applicable enforcement actions by the Board. 
Hearing Date: 3/3/26
Staff: Megan Mulvihill (786-7304).
Background:

Interior Designers

Interior design is not regulated in Washington.  Anyone may do interior design work and anyone may use the title of interior designer.  The National Council for Interior Design Qualifications may issue a certificate to demonstrate competency, but this is not required by law.  Depending on the type of design services provided and the size of the project that requires a building permit, some local building officials require plans prepared by an interior designer to be approved by an architect or engineer before being submitted to a state or local building department for the purpose of securing a building permit. 

 

Registered Architects and the State Board of Architects

The State Board of Architects (Board) is comprised of seven members appointed by the Governor.  The Board must include six registered architects and one public member who is not and has never been a registered architect.  The terms for Board members are six years.  The Board is responsible for issuing certificates of registration to architects who meet education and experience requirements, along with taking enforcement actions against architects who violate prohibited practices. 

 

A person must be registered or authorized to practice as an architect in Washington.  To be registered as an architect, an applicant must be at least 18 years old, of good moral character, and possess one of the following:

  • an accredited architectural degree, three years' work experience, and completion of a structured intern program approved by the Board; or
  • a high school diploma or equivalent and at least nine years of practical architectural work experience, as determined by the Board, and the completion of a structured intern training program approved by the Board.  Prior to enrolling in a structured intern training program the applicant must have at least six years of work experience, of which three must be under the direct supervision of an architect.  This work experience may include designing buildings as a principle activity and postsecondary education as determined by the Board. 
Summary of Bill:

State Board of Architects and Registered Commercial Interior Designers

The State Board of Architects is expanded to include authority over the practice of commercial interior designers and is renamed to the State Board for Architects and Registered Commercial Interior Designers (Board).  The Board membership is increased to nine members, two of whom must be registered commercial interior designers who are residents and have at least eight years' experience in responsible charge of the practice or teaching of registered commercial interior design.  For initial appointments, a registered commercial interior designer may qualify with equivalent professional experience in commercial interior design prior to the establishment of the registration system, as determined by the Board.  The executive director has oversight authority over the Board. 

 

Registered architects may qualify for a Board appointment with five years' experience, rather than eight.

 

Qualification Requirements for Registered Commercial Interior Designers

An applicant applying for a certificate of registration to engage in the practice of registered commercial interior design must be of good moral character, at least 18 years of age, and submit the following:

  • a completed and signed written application in the form prescribed by the Board;
  • evidence of graduation and receipt of a degree from an approved educational program;
  • evidence indicating the successful completion of experience deemed necessary by the Board;
  • evidence of the successful completion of the National Council for Interior Design Qualification examination administered by Council for Interior Design Qualification; 
  • evidence of the successful completion of a Washington State Law Review Examination for Registered Commercial Interior Designers, as established by the Board; and 
  • payment of all applicable fees.

 

Certificates of registration may be granted to an applicant who pays the registration fee and who:

  • is a registered commercial interior designer in another state or territory of the United States, the District of Columbia, or another country;
  • has equivalent qualifications and experience as determined by the Board; and
  • provides evidence of successful completion of the Washington State Law Review Examination for Registered Commercial Interior Designers. 

 

Architects

Architects with certification or authorization to practice in the state are eligible for registration as a commercial interior designer, subject to approval of a completed application and fee submission.  Licensed architects are not required to register as a commercial interior designer to practice as such, but must obtain registration in order to use the title of "registered commercial interior designer."  An architect registered as a commercial interior designer who satisfies the requirements for licensure renewal as an architect also satisfies the requirements for renewal of the registration as a commercial interior designer. 

 

Certificate of Registration and Seal Issuance

The Board's director must issue a certificate of registration to any applicant who has met all requirements and paid the applicable fee.  Each registrant must obtain a seal of the design authorized by the Board bearing the registered commercial interior designer's name, registration number, the title of "registered commercial interior designer," and the state. 

 

All technical submissions prepared by a registered commercial interior designer and filed with public authorities must be sealed and signed by the registered commercial interior designer.  It is unlawful to sign or seal a document after a certificate of registration has expired, been revoked, or is suspended.  A registered commercial interior designer may seal and sign technical submissions under the following conditions:

  • prepared by the registered commercial interior designer or their regularly employed subordinates;
  • prepared in part by an individual or firm under a direct subcontract with the registered commercial interior designer; or
  • prepared in collaboration with a registered commercial interior designer who is licensed in a jurisdiction recognized by the board, provided there is a contractual agreement. 

 

A registered commercial interior designer who seals and signs the technical submissions is responsible to the same extent as if prepared by themselves.  Technical submissions filed with a public authority should include a Board prescribed scope of practice attestation form affirming that the work is within the practice of registered commercial interior design.  A registered commercial interior designer must maintain documentation of technical submissions for at least five years and make records available to the director upon request.  Records must be adequate to demonstrate responsible control over the technical submissions. 

 

Certificate of Authorization for Business Entities

Any business entity offering registered commercial interior design services in Washington must register with the Board.  The business entity must file the application for certificate of authorization, the certified copy of the resolution, the required fee, and the following required information in order to have the Board issue a certificate of authorization.  The business entity must file with the Board a list of individuals registered as commercial interior designers responsible for the practice of commercial interior design by the business entity.  The person having the practice of registered commercial interior design in their charge is themself a general partner, a manager, or a director and is registered to practice registered commercial interior design.  The business entity must provide the Board with information about its organization and activities, as required by rule. 

 

Any business entity practicing or offering to practice registered commercial interior design, whether or not authorized, is jointly and severally responsible to the same degree as an individual registered commercial interior designer and must conduct their business without misconduct or malpractice. 

 

Registration Renewal and Reinstatement Requirements.

Renewal dates for certificates of registration are to be set by the Board.  The renewal date for certificates of authorization is the anniversary date of authorization.  Registrants who fail to pay the renewal fee within 30 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 circumstances determined by the Board. 

 

Any registrant in good standing may withdraw from practice by giving written notice and may within five years resume active practice with payment of the renewal fee.  The Board must determine circumstances for reinstatement after more than five years.  

 

Registered commercial interior designers must demonstrate professional development activities for registration renewal, as determined by the Board.  The Board must strive to ensure professional development requirements are consistent with national professional organizations representing registered commercial interior designers and other states. 

 

Applicability and Exemptions.

The practice of registered commercial interior design does not include modifications or additions to any of the following:

  • changes of building use to occupancies not already allowed by the current building, structure, or to occupancies of a greater hazard;
  • the construction classification of the building or structure;
  • the structural system of a building;
  • the building envelope;
  • engineering of mechanical, plumbing, heating, air conditioning, ventilation, electrical, low voltage, active fire protection, or fire alarm systems;
  • integration of central mechanical, electrical, and plumbing infrastructure serving the building as a whole;
  • elevators and conveying systems;
  • shared building egress systems that serve the building as a whole; or
  • life safety systems pertaining to fire safety of primary structural elements or the fire protection of primary structural elements, smoke evacuation and compartmentalization systems, or fire-related vertical shafts in multistory structures.

 

Individuals and firms not required to obtain a registration to practice registered commercial interior design include:

  • licensed architects;
  • a person who prepares plans, drawings, or specifications for buildings for their personal private residential use; and
  • a person who prepares drawings of the layout of materials or furnishings, or who participates in the selection of materials or furnishings, used in commercial interior design.

 

Registered commercial interior design does not affect or prevent:

  • the practice of naval architecture, landscape architecture, engineering, or the provision of space planning or interior design services not affecting public health or safety;
  • drafters, clerks, project managers, superintendents, and other employees of architects from acting under the instructions, control, or supervision of an architect;
  • the construction, alteration, or supervision of construction of buildings or structures by registered contractors or superintendents employed by contractors or the preparation of shop drawings;
  • owners or registered contractors from engaging persons who are not architects to observe and supervise construction of a project; or
  • any person from doing design work, including preparing construction contract documents and administration of the construction contract, for:
    • the erection, enlargement, repair, or alteration of a structure or any appurtenance to a structure, if the structure is to be used for a residential building of up to four dwelling units, a farm building, or is a structure used in connection with such residential building or farm building;
    • the erection, enlargement, alteration, or repairs of or to a building of any occupancy up to a total building size of 4,000 square feet; or
    • alterations of or repairs to a building where the project size is not more than 4,000 square feet in a building greater than 4,000 square feet and when the work contemplated by the design does not affect the life safety or structural systems (the combined square footage of simultaneous projects allowed may not exceed 4,000 square feet).

 

Prohibited Practices and Enforcement

It is unlawful for any person to engage in the practice of registered commercial interior design, use such designation, or any other designation, words, or letters indicating registration as a commercial interior designer unless fully registered.  A person may not knowingly:

  • use or attempt to use the registration of another registered commercial interior designer;
  • use or attempt to use a registration that has been suspended, revoked, or placed on inactive or delinquent status;
  • file or cause to be filed a false or misleading registered commercial interior design scope of practice attestation form;
  • obtain or attempt to obtain registration from the Board by fraud;
  • make any willfully false oath or affirmation to the Board; or
  • accept or receive compensation, directly or indirectly, from a source other than their client or employer for a project under the registered commercial interior designer's engagement, if such compensation could compromise or appear to compromise their professional judgment or responsible control. 

 

Any person who violates the provisions or rules is guilty of a misdemeanor and may also be subject to a civil penalty not to exceed $1,000 for each offense.  It is the duty of all officers or any political subdivision to enforce the chapter.  Any public officer may initiate an action before the Board. 

 

The Board may apply for relief for injunction without bond to restrain a person from committing any prohibited act.  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.  Board members are not personally liable for their actions in proceedings.  Prosecution must be instituted in the county or counties where a violation occurs.

 

The Board may impose penalties and take actions on the following grounds:

  • engaging in or committing any prohibited act, including acts that compromise or appear to compromise professional judgment, independence, or responsible control;
  • offering to pay, paying, or accepting any substantial gift, bribe, or other consideration to influence the award of professional work;
  • being willfully untruthful or deceptive in any professional report, statement, or testimony;
  • 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, while employed or retained as a registered commercial interior designer, except with the consent of the client or employer after full disclosure, or allowing such interest to influence professional judgment;
  • signing or permitting a seal to be affixed to any drawings or specifications that were not prepared or reviewed by the registered commercial interior designer or under the registered commercial interior designer's personal supervision by persons subject to their direction and control; or
  • willfully evading or trying to evade any law, ordinance, code, or regulation governing construction or buildings. 

 

Fees and Account

The Board must impose, collect, and remit a fee of $6.50 quarterly to the Building Code Council Account for each certificate of registration, certificate of authorization, and applicable renewals. 

 

The Registered Commercial Interior Designer's License Account is established and all fees paid by registered commercial interior designers must be deposited. 

 

Miscellaneous Provisions

A person who is certified by the Department of Social and Health Services (DSHS) as not in compliance with a support order or a residential or visitation order must have their certificate of licensure to practice registered commercial interior design suspended.  The certificate must be automatically reissued upon receipt of a release from the DSHS that the person is in compliance with the order. 

 

The Uniform Regulation of Business and Professions Act governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees. 

 

Military training or experience satisfies the training or experience requirements unless the Board determines that the military training or experience is not substantially equivalent. 

 

Definitions

The following terms and phrases are defined: administration of the construction contract, applicant, approved educational program, architect, board, certificate of authorization, certificate of registration, council for interior design qualification, department, director, engineer, interior nonstructural construction and alteration project, interior nonstructural element, National Council for Interior Design Qualification Certification, person, practice of registered commercial interior design, registered commercial interior designer, responsible control, review, structure, and technical submissions. 

Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.