Explanation Of Proposed Interior Design Registration Amendments

Bill Smith, CKD
VP Government Relations

A brief explanation of the proposed Interior Design Registration amendments to the AZ Board of Technical Registration.

The tact of this proposed bill is to make as few changes as possible to existing law to avoid the constitutional pitfalls that happened with legislation in Alabama that was declared unconstitutional.

It adds the authority for "voluntary" registration for Interior Designers to the to the State Board of Technical Registration and makes the definition,
"INTERIOR DESIGN DOCUMENTS" MEANS THE SET OF DOCUMENTS AND SPECIFICATIONS THAT FORM A PART OF THE LEGAL CONTRACT FOR INTERIOR DESIGN SERVICES BETWEEN THE OWNER AND THE INTERIOR DESIGNER THAT INCLUDES: (a) DESIGN DRAWINGS AND SPECIFICATIONS AND SPACE PLANS THAT ILLUSTRATE NONSTRUCTURAL PARTITION LAYOUTS, POWER AND COMMUNICATIONS LOCATIONS,- REFLECTED CEILING PLANS AND LIGHTING SPECIFICATIONS, FINISH PLANS AND SPECIFICATIONS, FURNITURE, FURNISHINGS AND EQUIPMENT PLANS AND SPECIFICATIONS, ELEVATIONS AND CONSTRUCTION DETAILS IN ACCORDANCE WITH THE GOVERNING CODES AND ORDINANCES. (b) COORDINATION OF OTHER REGISTERED DESIGN PROFESSIONALS AND CONSULTANT DRAWINGS NECESSARY FOR THE CONSTRUCTION OF NONSTRUCTURAL COMPONENTS WITHIN AND SURROUNDING AN INTERIOR SPACE."

This specifically defines ANY work done for a client on the inside of a building, that is non structural, falls under this voluntary registration.

"REGISTERED INTERIOR DESIGNER" MEANS A PERSON WHO IS REGISTERED PURSUANT TO THIS CHAPTER AND WHO IS QUALIFIED BY THE BOARD BASED ON EDUCATION, EXPERIENCE AND EXAMINATION TO PROVIDE INTERIOR DESIGN SERVICES."

You must call yourself an "Interior Designer" which sound a whole lot less qualified than "Registrar Interior Designer" and you cannot offer "Interior Design Services" without being a Registered Interior Designer. This in itself is a partial title act.

AN APPLICANT FOR REGISTRATION AS AN INTERIOR DESIGNER SHALL:
1. BE AT LEAST EIGHTEEN YEARS OF AGE.
2. BE OF GOOD MORAL CHARACTER AND REPUTE.
3. HAVE PASSED A WRITTEN EXAMINATION THAT IS APPROVED BY THE BOARD, EXCEPT AS PROVIDED BY SECTION 32-126. THE WRITTEN EXAMINATION MUST TEST FOR MINIMUM COMPETENCY IN INTERIOR DESIGN WITHIN NATIONALLY ACCEPTABLE TESTING STANDARDS AND BE NATIONALLY RECOGNIZED.
4. HAVE PASSED A COURSE OF STUDY WITH A MINIMUM OF FORTY SEMESTER
HOURS OR SIXTY QUARTER HOURS OF INTERIOR DESIGN RELATED COURSEWORK THAT CULMINATES IN A CERTIFICATE, DEGREE OR DIPLOMA.
5. POSSESS AT LEAST THREE THOUSAND FIVE HUNDRED TWENTY HOURS OF DIVERSIFIED PRACTICAL INTERIOR DESIGN EXPERIENCE.
6. NOT HAVE HAD A REGISTRATION DENIED OR REVOKED PURSUANT TO THIS CHAPTER WITHIN ONE YEAR IMMEDIATELY PRECEDING THE APPLICATION.

This means any one without a specific degree in Interior Design would not qualify for registration, including Architects designing their own interiors and appliance, plumbing, stone, flooring, lighting, and wall covering suppliers providing specifications to a client would not qualify.

INTERIOR DESIGN DOCUMENTS BEING FILED WITH ANY STATE OR LOCAL BUILDING DEPARTMENT FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT SHALL BEAR THE SEAL OF AN ENGINEER, ARCHITECT OR REGISTERED INTERIOR DESIGNER WHO PREPARED OR APPROVED THE DOCUMENT AND THE DATE ON WHICH THEY WERE SEALED.

This is the kicker. In order to avoid it being an unconstitutional restraint of trade, it makes the enforcement of the registration part of building codes which have been found to be constitutional. In effect if this law is passed and the Pro-licensing forces were to succeed in getting cities to require that interior design drawings and specifications must be stamped to get building permits, then this is not voluntary registration, but a practice act! You cannot do any of the aforementioned work without being registered in order to obtain a building permit. This would have an adverse effect of the residential building industry in this state. To do a simple remodel the contractor in some cases would have to get drawings stamped by a “Registered Interior Designer” Even if it were to move one electric outlet.

FOR AN INTERIOR DESIGNER REGISTRATION APPLICANT WHO APPLIES TO THE BOARD WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION, THE BOARD MAY WAIVE THE EXAMINATION, EDUCATION OR EXPERIENCE REQUIREMENTS IF BOTH OF THE FOLLOWING APPLY:
1. THE APPLICANT IS ACTIVELY ENGAGED AS AN INTERIOR DESIGNER ON THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION.
2. THE BOARD DETERMINES THAT THE APPLICANT HAS SUFFICIENT COMPETENCY.

Don’t be fooled by “GRANDFATHERING”. The key words here are “may wave” not will wave. This guarantees nothing, plus the board once in control of the profession may create even more stringent qualifications to become registered.

32-144. Exemptions and limitations
A. Professions and occupations regulated by the board may be practiced without compliance with the requirements of this chapter by:
9.A NONREGISTRANT WHO DESIGNS THE INTERIOR OF EITHER A DETACHED SINGLE FAMILY DWELLING OR A COMMERCIAL SPACE IF THE WORK DOES NOT INVOLVE ISSUES OF CODE COMPLIANCE REQUIRING THE AFFIXING OF A SEAL AND DOES NOT REQUIRE THAT THE PLANS BE FILED, REVIEWED AND APPROVED BEFORE THE ISSUANCE OF A BUILDING PERMIT IN ACCORDANCE WITH THE BUILDING CODES OF THE POLITICAL SUBDIVISION WITH JURISDICTION OVER THE WORK.
10. A NONREGISTRANT WHO PROVIDES INTERIOR DESIGN SERVICES IF THE PERSON IS NOT IDENTIFIED AS A REGISTERED INTERIOR DESIGNER

This is a complete smoke screen to blind people to what the previous section that allows the state or local governments to require stamping of interior design documents will do. This clause means nothing if the work you routinely do now falls under a building code that requires a stamp. It WILL affect your business. No one will hire someone to do work that requires a building permit if they legally cannot get their drawings approved for code compliance. It specifically leaves out Multi-unit housing so only “Registered Interior Designers” would be able to work on condos.

This entire change to the State Board of Technical Registration Is being pushed as something that insures the health and safety of the consumer, but all of these issues are covered by the current combination of the Board of Licensed Contractors and the current licensing of Architects and Engineers.