HB 881-FN – AS INTRODUCED
2007 SESSION
10/01
HOUSE BILL 881-FN
AN ACT relative to the licensure and regulation of interior designers.
SPONSORS: Rep. Wood, Belk 4; Rep. Brueggemann, Merr 12; Rep. Yeaton, Merr 8; Sen. Letourneau, Dist 19; Sen. Fuller Clark, Dist 24
COMMITTEE: Executive Departments and Administration
This bill establishes a board of interior designers as part of the joint board of licensure and certification and regulates the practice of interior design.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0609
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the licensure and regulation of interior designers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Interior Designers. Amend RSA 310-A by inserting after section 160 the following new subdivision:
310-A:161 Purpose. The purpose of this subdivision is to safeguard public health and life safety, to promote public welfare and the public interest by improving the quality of human environmental design, and to limit the practice of interior design and the use of the title “interior designer” to those qualified persons having specific design education, experience, and examination for the practice of interior design in the state of New Hampshire.
310-A:162 Definitions. In this subdivision:
I. “Board” means the board of interior designers established in RSA 310-A:166.
II. “Building shell” means the architecture of the existing building, including the framework, the perimeter or exterior walls, the building core and columns, and other structural, load-bearing elements of the building.
III. “Contract administration” means the set of services which may include developing and monitoring schedules and construction costs; ensuring construction is completed in conformance with contracts and design intent; liaison with contractors and consultants throughout the course of construction; reviewing shop drawings and submissions from the contractor; observing and commenting on construction progress; monitoring move-in and furniture installation; and conducting required post-occupancy evaluations.
IV. “Contract documents” means the set of documents that form a part of the legal contract for services between 2 or more parties. These typically include detailed instructions to the contractor, tender forms, construction documents, and specifications.
V. “Interior alteration” means any modification or renovation which involves or includes, but it is not limited to, change in the physical state of permanent fixtures or equipment, remodeling, rehabilitation, historic preservation, reconstruction, improvements, ordinary repairs, change in design function or layout of rooms, assessment rearrangement and verification of code compliance of interior exit provisions, and major interior office systems rearrangements, as they pertain to the interior areas of a structure but specifically excluding, changes to the structural envelope, mechanical, electrical or plumbing. The following work is not included under the definition of “interior alteration”: Routine maintenance, redecoration, minor mechanical and electrical systems alterations, replacement of plumbing, piping or valves, and minor rearrangements of interior office systems furniture.
VI. “Interior design” means designs, consultations, studies, drawings, specifications, and the administration of design construction contracts relating to nonstructural interior elements of a building or structure. “Interior design” includes but is not limited to space planning, finishes, furnishings, and the design for fabrication of nonstructural elements within and surrounding interior spaces of a building, including obtaining building permits for nonstructural or non-seismic interior construction and also including preparing and filing with code enforcement officials, interior design construction documents for nonstructural or non-seismic interior construction. “Interior design” specifically excludes the design of or responsibility for architectural or engineering work except for specifications for fixtures and their location within interior spaces. “Interior design” also specifically excludes construction of structural, mechanical, heating, plumbing, air conditioning, ventilation, electrical or vertical transportation systems, fire-rated vertical shafts in multi-storied structures, fire-rated protection of structural elements, smoke evacuation and compartmentalization, emergency sprinkler systems, and emergency alarm systems.
VII. “Interior design construction documents” mean the detailed working drawings that define the work to be constructed relating to non-building shell. This may include partition plans, power and communications plans, reflected ceiling plans, material and finishes plans, and furniture layout plans, as well as elevations, sections and details, along with the drawings of associated consultants.
VIII. “Interior designer” means a design professional licensed by the board who is qualified by education, examination, and experience to affect the function, safety, and quality of interior spaces, and who renders interior design services.
IX. “Interior space” means the space within the building envelope, not including core enclosures and elements of mechanical, electrical, fire protection, structural systems, building egress, exit ways, and areas of refuge, but may include bathrooms and other habitable spaces within a building core enclosure.
X. “Life safety” as it pertains to an interior design project, means the analysis, development, interpretation and review of space plans, interior construction systems or assemblies, materials, finishes, and furniture or fixtures and equipment selections for compliance with regulatory building code provisions which when applied collectively, provide comprehensive safety features to eliminate, reduce, or control life or health threatening situations in the interior environments of a proposed or given structure or building.
XI. “Non-structural or non-seismic” means interior elements or components that are not load-bearing or do not assist in the seismic design and do not require design computations for a building’s structure. It excludes the structural frame supporting a building. Common non-structural elements or components include, but are not limited to, ceiling and partition systems. These elements employ normal and typical bracing conventions and are not part of the structural integrity of the building.
XII. “Partition” means a wall that does not support a vertical load of a structure other than its own weight, but may support loads attached to it such as cabinetry, shelving, or grab bars, and does not extend further than from the floor of an interior area of a structure designed for human habitation or occupancy, to the underside of the deck of that structure.
XIII. “Programming” means the scope of work that includes, but is not limited to, conducting research, identifying and analyzing the needs and goals of the client or occupants of the space, evaluating existing documentation and conditions, assessing project resources and limitations, identifying life, safety, and code requirements, and developing project schedules and budgets.
XIV. “Reflected ceiling plan” means a ceiling design that illustrates a ceiling as if it was projected downward and may include lighting and other elements.
XV. “Residential occupancy,” for the purpose of interior designers, means dwellings and lodging houses, congregate residences, and detached one and 2 family dwellings.
XVI. “Responsible supervisory control” means the direct responsibility for supervision by an interior designer of the work and the decision making process, including reviewing, enforcing and controlling compliance with all design criteria and life safety requirements. The persons performing the work need not be physically located in the interior designer’s office as long as the interior designer maintains control of the work.
XVII. “Space planning” means the analysis and design of spatial and occupancy requirements, including, but not limited to, space layouts and final planning.
310-A:163 Requirements for Licensure. Each applicant for licensure shall provide satisfactory evidence to the board of a combined total of 6 years of acceptable education and experience credit which shall include:
I. A minimum of 2 years of postsecondary education with studies concentrating in interior design and related coursework leading to a certificate, degree, or diploma in interior design consisting of no less than 40 semester hours or 60 quarter credit hours. All such education shall have been obtained in an approved accredited program, school or college of interior designer. In determining whether a program should be approved, the board shall take into consideration, but not be bound by, accreditation or approval by the Council for Interior Design Accreditation CIDA and National Accreditation of Schools in Art and Design (NASAD). All interior design programs accredited or approved by CIDA as of July 27, 2006 shall be deemed to meet the minimum criteria set forth in this paragraph.
II. A minimum of 2 years of interior design related experience which shall consist of verifiable full-time diversified practice in the profession of interior design. Participation in the Interior Design Experience Program (IDEP) as administered by the National Council for Interior Design Qualification (NCIDQ) for entry-level interior designers shall be approved for experience requirements. The board shall review and approve interior design experience on a case by case basis taking into consideration, but not bound by, standards as set forth by NCIDQ.
III. Satisfactory evidence of ethical professional character in his or her business practice in a manner that protects the health, safety, and welfare of the public.
310-A:164 Examination. Each applicant shall be required to pass the professional exam as administered by the NCIDQ or as required by the board. If an applicant has previously passed an examination from the NCIDQ, the applicant shall be accepted for licensure.
310-A:165 Initial Licensure. Any person who applies for licensure and remits the application and initial fees within 18 months after the effective date of this subdivision shall be licensed by the board, provided that, in the determination of the board, the applicant meets the qualifications as follows:
I. The applicant has previously passed the examination of the NCIDQ;
II. The applicant shows evidence of completion of not less than 10 years combined education and verifiable full time diversified experience in the profession of interior design, but has not sat for the NCIDQ exam; or
III. The applicant is legally certified or licensed as an interior designer in another state with similar or more stringent requirements.
310-A:166 Board of Interior Designers. There is hereby established the board of interior designers. The board shall consist of 5 members to be appointed by the governor. Four such members shall each have been engaged in the practice of interior design for a period of 10 years or more prior to their appointment. Following initial appointments and once the board has commenced issuing licenses, subsequent appointments shall be licensed interior designers in good standing pursuant to this subdivision. One such member shall represent the general public and shall be engaged in the practice of interior design. The term of each appointment shall be 3 years. Upon the expiration of their terms, the members of the board shall continue to hold office until the appointment and qualification of their successors. In the event of a vacancy, the governor shall appoint a member to serve the unexpired term of the vacant seat. Initial terms of board members may be staggered to provide for annual appointments.
310-A:167 Powers and Duties of the Board.
I. The board shall hold at least 2 regular meetings each year, and may hold special meetings as called by the chairperson. Time, place, and notice for all meetings shall be determined by the board. At the first regular meeting each fiscal year, the board shall organize and choose from their members, a chair, a vice-chair, and a secretary. In the absence or disability of the chair, the vice-chair shall be authorized to act on his or her behalf. The secretary shall be responsible for keeping a true and complete record of all proceedings. A quorum shall consist of 3 members.
II. The governor may, upon bone fide complaint and for good cause shown, after 10 days written notice to any member against whom charges may be filed, and after an opportunity for hearing, remove any member of the board for incapacity, neglect of duty, or malfeasance in office. The failure of a board member to attend at least 1/2 of the regular, scheduled meetings of the board within a 12-month period while serving as a member of the board, constitutes neglect of duty for purposes of this decision.
III. The board shall maintain an official roster showing the names, license numbers, and addresses of all interior designers in good standing licensed by the board. The roster shall be open to the public for inspection and information.
310-A:168 Issuance of Licenses.
I. Except as otherwise provided in this chapter, each applicant for licensure as an interior designer shall apply to the board on such forms and in such manner as the board may prescribe in rules adopted under RSA 541-A, and pay the fees determined by the board.
II. The board shall issue a license to any applicant for interior design licensure who complies with the requirements under this chapter and shall enter on the official roster maintained by the board certification information as required by law and as the board may establish.
III. A license issued by the board shall be valid from the date of issuance until the last day of December next succeeding the date upon which the license was issued, unless the license shall have been revoked or suspended for cause as provided in RSA 310-A:172.
310-A:169 Fees.
I. The board shall determine fees, pursuant to RSA 541-A, to be paid for an original license, the renewal of a license, and for examinations conducted by the board.
II. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.
310-A:170 Display of License and Use of Seal.
I. A license issued by the board shall authorize such person to use the title of and be known as an interior designer. Every holder of a license as an interior designer shall display it in a conspicuous place in the principle office of the interior designer.
II. Each licensed person shall secure a seal that is of unique design and identifies such person as a licensed interior designer and shall contain the licensee’s name and number, the title “Interior Designer,” and the expiration date. The interior designer when affixing his or her stamp to plans, drawings, specifications, or other instruments of services, shall affix his or her name, by handwritten signature, across the printed image of the stamp. All plans, drawings, specifications, or other instruments of services shall be identified as interior design documents.
III. Interior design construction documents being filed for public record with any jurisdiction or local building department for the purposes of obtaining a building permit shall bear the signature and seal of the interior designer who prepared or approved the documents and the date on which they were sealed. The seal shall be evidence of the authority of the documents. Interior design construction documents for non-structural and non-seismic construction bearing the seal of an interior designer shall be accepted for filing by the appropriate jurisdiction or local building department.
IV. The interior designer shall affix the signature, current date, date of license expiration and seal to all sheets of any bound set or loose sheets of interior construction documents prepared by the interior designer or under that interior designer’s responsible supervision and control.
V. No interior designer shall affix his or her signature or seal to any plan, specifications, or other document which was not prepared by him or her or under his or her responsible supervision and control, or by another interior designer and reviewed, approved, or modified and adopted under his or her responsible supervision and control according to the rules adopted by the board.
VI. No person shall practice interior design in this state or use the title “interior designer” on any sign, title, card, or device to indicate that such person is practicing interior design or is an interior designer unless such person has a current license issued by the board.
VII. If the license of an interior designer has been revoked or suspended by the board, the interior designer shall surrender his or her seal to the secretary of the board within a period of 30 days after the revocation or suspension has become effective. If the license of the interior designer has been suspended for a period of time, his or her seal shall be returned upon expiration of the suspension period.
310-A:171 Renewal or Reactivation of License; Continuing Education Requirements.
I. Licenses shall be renewed during the month of December and shall be valid for 2 years upon the submission of a renewal application on a form prescribed by the board and accompanied by the fee established by the board.
II. No license shall be renewed by the board until a person submits proof, satisfactory to the board, that the person participated in not less than 5 hours per year of continuing education for each year an expiring certificate was valid. The board shall approve only those continuing education programs that build upon the basic knowledge of interior design as defined by Interior Design Continuing Education Credit (IDCEC) or its equivalent as determined by the board. The board may make exceptions to the requirements for continuing education in emergency or hardship cases.
III. A person whose license has expired through failure to be renewed pursuant to this section may obtain a renewal of such certificate at any time within one year from the date of expiration upon application to and approval of the board. The time for renewal of such expired certificate may be extended at the discretion of the board, and the board may at its discretion approve an application for reactivation of an expired license. The continuing education requirement for reactivating an expired certificate pursuant to this paragraph shall not exceed 5 hours for each year the certificate was inactive.
IV. A license that has been inactive for more than 4 years shall automatically expire and become null and void without any further action by the board if a person has not made application for reactivation of the license. One year prior to such automatic expiration the board shall give notice to such person at the licensee’s last address of record.
V. An application for reactivation shall be submitted on a form prescribed by the board and accompanied by a fee established by the board.
310-A:172 Denial of Issuance, Revocation, or Suspension of License.
I. The board shall not revoke, suspend, or refuse to issue or renew any license under the provisions of this section without first giving the applicant or the holder of such license an opportunity to appear and be heard by the board before any action is taken except as otherwise may be provided by law.
II. The board may revoke, suspend, or refuse to issue or renew any license:
(a) If the license, or any renewal thereof, was obtained by fraud, misstatement, or misrepresentation of fact.
(b) If a licensed person or an applicant has committed acts of fraud or deceit in their professional conduct, or has been convicted of a felony by a court of law.
(c) If a licensed person or applicant has been found by the board to have performed interior design services in a manner which constituted gross negligence, incompetence, or misconduct.
(d) If an applicant has represented himself or herself to be a state licensed interior designer prior to the time of issuance of the license to him or her.
(e) If a licensed person or applicant has been found by the board to have aided and abetted any person not licensed pursuant to this subdivision in violating any provisions of this subdivision.
(f) If a registrant has failed to comply with the requirements of this subdivision or with any rule adopted by the board under RSA 541-A.
310-A:173 License Required; Penalty.
I. Only individuals licensed by the board under this subdivision may render interior design services. No person shall be identified as an interior designer, or licensed interior designer who is not licensed by the board.
II. No firm, partnership, association, or corporation may engage in the practice of interior design, or hold itself out to the public as being engaged in the practice of interior design or use the word “interior design” or “interior designer” in its name in any manner unless all interior design services are rendered by or under the responsible supervisory control of persons licensed under this subdivision.
III. Any person who violates the provisions of this section shall be guilty of a class B misdemeanor if a natural person, or guilty of a felony if any other person.
310-A:174 Disciplinary Action; Penalties for Violations. The board may undertake investigations and take disciplinary action in any one or more of the following ways:
I. By written reprimand.
II. By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time as determined to be reasonable by the board.
III. By revocation of license.
IV. By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
V. By requiring the person to practice under the direct supervision of an interior designer for a period of time as specified by the board.
VI. By assessing civil penalties, after notification of due process, in amounts established by the board pursuant to RSA 541-A which shall not exceed $1,000 per offense, or, in the case of continuing offenses, $100 for each day the violation continues, whichever is greater.
310-A:175 Reciprocity. The board may waive the requirements of this subdivision for an individual who holds a current valid registration from another registration authority and who holds a current certificate number issued by NCIDQ, where the qualifications required by that jurisdiction are equivalent or more stringent, as determined by the board to those required in this jurisdiction.
310-A:176 Exemptions.
I. This subdivision shall not apply to licensed architects, nor does this subdivision prevent licensed architects from practicing or providing interior design services providing that such architects not refer to themselves as “interior designers” unless licensed by the board.
II. This subdivision shall not apply to an employee of a retail establishment providing consultation regarding interior decoration or furnishings on the premises of the retail establishment or in the furtherance of a retail sale or prospective retail sale who are unable to provide interior design services under this subdivision, provided that such persons do not refer to themselves as an interior designer unless licensed by the board.
III. This subdivision shall not apply to a person who provides decorative services or assistance in the selection of surface materials, window treatments, wall coverings, paint, floor coverings, surface-mounted fixtures, kitchen and bath design, and furnishings not subject to regulation under applicable provisions of codes or regulations, and who are unable to provide interior design services under this subdivision, provided that such persons do not refer to themselves as an interior designer unless licensed by the board.
IV. This subdivision shall not prevent employees, students, or project representatives from working under an interior designer or other licensed design professional such as an architect or engineer on interior design projects.
V. This subdivision shall not prevent corporations or partnerships from providing an agreement to include interior design services as long as those duties are performed under the direction of an interior designer, architect, or engineer.
310-A:177 Rulemaking Authority. The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. Application procedure for a license to practice under this subdivision.
II. Additional qualifications of applicants, including the qualifications for satisfactory evidence of good professional character.
III. How an applicant shall be examined, including the time and place of the examination.
IV. How a license to practice under this subdivision shall be renewed or reinstated, including late fees and any requirements for continuing education.
V. The establishment of all fees required under this subdivision.
VI. Ethical and professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards.
VII. Procedures for the conduct of hearings consistent with the requirements of due process.
VIII. Matters related to the proper administration of this subdivision.
2 Reference to Joint Board. Amend RSA 5:13 to read as follows:
5:13 Commissions and Boards Functioning Within Department. The ballot law commission, the boxing and wrestling commission, the board of accountancy and the joint board of [engineers, architects, land surveyors, and natural scientists] of licensure and certification shall each function within the department of state as a separate organizational entity and with all the powers and duties as heretofore provided, except as otherwise provided by law.
3 Chapter Heading; Joint Board. The chapter heading preceding RSA 310-A is repealed and reenacted to read as follows:
JOINT BOARD OF LICENSURE AND CERTIFICATION
4 Joint Board Established. Amend RSA 310-A:1 to read as follows:
310-A:1 Joint Board Established. There shall be a joint board of licensure and certification for professional engineers, architects, land surveyors, foresters, professional geologists, natural scientists, [and] landscape architects, and interior designers consisting of each of the members of the board of professional engineers, board of architects, state board of licensure for land surveyors, foresters’ board, board of professional geologists, the board of natural scientists, [and] the board of landscape architects, and the board of interior designers. The joint board shall meet at least quarterly to carry out its duties established under this chapter.
5 Repeal. RSA 310-A:97, relative to the joint board chapter title reference, is repealed.
6 Effective Date. This act shall take effect July 1, 2007.
LBAO
07-0609
Revised 03/22/07
HB 881 FISCAL NOTE
AN ACT relative to the licensure and regulation of interior designers.
FISCAL IMPACT:
The Joint Board of Licensure and Certification determined this bill will increase state general fund expenditures and revenue by an indeterminable amount in FY 2008 and each year thereafter. The Judicial Branch and the Department of Justice indicate this bill will increase general fund expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on county and local expenditures or revenues.
METHODOLOGY:
The Joint Board of Licensure and Certification states this bill establishes a Board of Interior Designers within the Joint Board and requires designers performing services in the state to become licensed. The Joint Board has no information indicating the number of potential applicants and is unable to determine the number of Interior Designers that would need licensure in the state. Revenues collected will be 125 percent of administrative costs. Fees will be set in administrative rules to equal at least a 125 percent of administrative costs. The Joint Board states it has adequate staff and equipment to administer the Board of Interior Designers provided there are not multiple boards added to the Joint Board in FY 2008.
The Judicial Branch states a felony case cost on average $296.88 per charge and class B misdemeanors cost on average $36.71. The Branch does not anticipate a volume of felony or misdemeanors charges that would exceed $10,000. The Branch states an appeal from the regulatory board, if accepted by the court, could have a fiscal impact in excess of $10,000. The Branch states the fiscal impact is indeterminable.
The Department of Justice states the fiscal impact of this bill is indeterminable. The Department would be responsible for providing legal advice to the board; providing legal representation to the board during appeals, administrative prosecutions, and civil enforcement; and responsible for any criminal appeals filed related to this bill.