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PRINTER'S NO. 1332
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1258
Session of
2021
INTRODUCED BY TOMLINSON, FARRY, SCHROEDER, THOMAS, MULLINS,
T. DAVIS, MILLARD, SANKEY, A. DAVIS, BENHAM, SCHWEYER AND
BURNS, APRIL 21, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 21, 2021
AN ACT
Providing for the registration of interior designers; imposing
powers and duties on the Bureau of Consumer Protection;
establishing the Registered Interior Design Account; imposing
penalties; and for abrogation of regulations.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Registration
Section 301. Qualifications of registered interior designers.
Section 302. Registration procedures.
Section 303. Application fees.
Section 304. Proof of registration.
Section 305. Biennial renewal.
Chapter 5. Administration and Enforcement
Section 501. Public information.
Section 502. Prohibited acts.
Section 503. Regulations.
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Section 504. Permit authority.
Section 505. Preemption of local registration.
Section 506. Exemptions.
Chapter 11. Miscellaneous Provisions
Section 1101. Construction.
Section 1102. Abrogation of regulations.
Section 1103. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Interior
Designer Registration Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bureau." The Bureau of Consumer Protection in the Office of
Attorney General.
"Code-regulated interior design services." Interior design
services performed by a registered interior designer that comply
with the requirements of and regulations promulgated under the
act of November 10, 1999 (P.L.491, No.45), known as the
Pennsylvania Construction Code Act.
"Contract document." A document that forms part of the legal
contract for services between various parties, including
detailed instructions to the contractor, tender forms, interior
construction documents and specifications.
"Council for Interior Design Qualification" or "CIDQ." An
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independent, nonprofit organization of state and provincial
credentialing bodies that develops and administers the National
Council for Interior Design Qualification (NCIDQ) examination
with the purpose of establishing minimum standards of competence
for the professional practice of interior design relative to
building codes and industry standards.
"Demolition." The partial or complete destruction of a
structure.
"Interior construction document." Plans, detailed drawings,
specifications and schedules that define the work to be
constructed as required by law for building permitting. The
plan, detailed specifications and schedules may include, but are
not limited to:
(1) Allocations of space, elevations, sections, details
and specifications to illustrate partition layouts.
(2) Power and communication locations.
(3) Reflected ceiling plans and lighting layouts,
switching, details and designs.
(4) Materials and finishes.
(5) Furniture layouts.
(6) Graphic instructions and related drawings supplied
by an associated consultant and to be used for the
construction of the project.
"Interior decorator services." The selection of furnishings,
surface materials, decorative accessories, window treatments,
blinds and draperies, wallpaper and coverings, paint, floor
coverings, surface-mounted lighting and equipment that does not
affect the means of egress or the health, safety or welfare of
the occupants of a building or structure as determined by any
building codes, ordinances, laws and regulations.
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"Interior design services." The selection and placement of
nonstructural elements within the interior space of a building
or structure, and the rendering of or the offering to render
designs, consultations, studies, planning, drawings, contract
documents, interior construction documents or other technical
submissions and the administration of interior construction and
contracts relating to non-load-bearing interior construction of
a building or structure.
"Non-load-bearing interior construction." An interior
element or component that does not require design calculations
or computations for a building's structure and does not support
a vertical load of a structure other than its own weight, but
that may support loads attached to it such as cabinetry or
shelving.
"Person." Includes a corporation, partnership, limited
liability company, business trust, other association or natural
person.
"Reflected ceiling plan." A drawing illustrating a ceiling
design that appears projected downward, including light
fixtures, materials, height designations and ceiling fixtures
that may include placement or location of exit devices, smoke
detectors and other elements as required by the design.
"Registered interior designer." An individual who holds a
current valid registration under this act.
"Residential space." A place of residence of individuals
that does not require code-regulated interior design services.
The term includes, but is not limited to, a single-family home,
a two-family home or a townhouse. The term does not include a
place more than three stories above grade plane.
"Specifications." A detailed, written description of
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construction, workmanship and materials for work to be
undertaken.
"Technical submittal." Designs, drawings, specifications,
studies and other technical reports prepared and reviewed in the
course of the professional practice of interior design.
CHAPTER 3
REGISTRATION
Section 301. Qualifications of registered interior designers.
(a) General rule.--No individual may hold himself out as a
registered interior designer without first registering with the
bureau as provided for in this act. Nothing in this act shall
prohibit an individual from using the title "interior designer,"
practicing code-regulated interior design services or preparing
interior construction documents under the stamp and signature of
a licensed architect or professional engineer, but the
individual may not hold himself out to be a registered interior
designer unless the individual meets the requirements of this
act.
(b) Exception.--An exemption for registration with the
bureau shall be made for an individual qualified as:
(1) A licensed architect.
(2) A professional engineer.
(3) A person who does not perform code-regulated
interior design services.
(4) A person who performs interior decorator services
for a residential space.
(c) Registration qualifications.--To qualify as a registered
interior designer, an applicant shall:
(1) Be of good moral character.
(2) Have passed the CIDQ's examinations required for
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NCIDQ certification and maintain a valid active NCIDQ
certification or its successor.
Section 302. Registration procedures.
(a) Application form.--An individual must apply to the
bureau in writing on a form provided by the bureau or
electronically via the secure registration web page on the
bureau's publicly accessible Internet website. The bureau may
make the modifications to the registration web page and database
that are necessary to facilitate online registration of interior
designers. The application shall include the following
information:
(1) The name of the applicant.
(2) The date of birth of the applicant.
(3) The applicant's home address and home telephone
number.
(4) The applicant's driver's license number, a copy of
an identification card issued by the state in which the
individual resides or another form of identification as
permitted by the bureau.
(5) The applicant's business or employer's name, Federal
employment identification number, address and telephone
number, if applicable.
(6) The applicant's Social Security number.
(7) All prior business names and addresses of interior
design businesses operated by the applicant.
(8) A complete description of the nature of the interior
design business of the applicant.
(9) Proof of satisfaction of the registration
qualifications in section 301(c).
(10) A statement whether:
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(i) The applicant has ever been convicted of a
criminal offense related to fraud, theft, a crime of
deception or a crime involving fraudulent business
practices, as well as a statement whether the applicant
has ever filed a petition in bankruptcy or, within the
last 10 years, received a final civil judgment entered
against the applicant or businesses in which the
applicant held an interest that was related to interior
design services provided by the applicant.
(ii) The applicant's registration or license issued
by another state or political subdivision has ever been
revoked or suspended pursuant to an order issued by a
court of competent jurisdiction and if so, the current
status of the registration or license. The statement
required by this subparagraph shall include the same
information with respect to any other business in which
the person making application has ever had an interest.
(11) Proof of general liability insurance, if required
under subsection (b).
(b) General liability insurance.--Applicants applying as a
sole proprietorship, partnership, limited liability partnership,
limited liability company or business corporation shall provide
proof of general liability insurance in an amount not less than
$50,000.
(1) If the applicant is self-insured, proof of insurance
may include a statement attested to by an applicant that the
applicant is self-insured.
(2) The bureau shall develop and make available forms
for applicants claiming to be self-insured.
(3) The bureau may determine the sufficiency of the
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self-insurance and the manner in which it is maintained in
compliance with this act.
(c) Multiple registrations or licenses.--A registered
interior designer in this Commonwealth who is registered or
licensed as an interior designer in another state or political
subdivision shall report that information to the bureau on the
initial registration application and biennial registration
application. Disciplinary action taken in the other jurisdiction
shall be reported to the bureau on the initial registration
application or, if the disciplinary action occurred subsequent
to submission of an initial application, on the biennial
registration application or within 90 days of final disposition,
whichever is sooner. Multiple registrations or licenses shall be
noted by the bureau on the registered interior designer's
registration, and the state or political subdivision shall be
notified by the bureau of disciplinary actions taken in this
Commonwealth against the registered interior designer.
Section 303. Application fees.
(a) Amount.--Each application or renewal application shall
be accompanied by a fee of $50 that shall be deposited into the
Registered Interior Design Account established under subsection
(c). Upon approval of the application, the bureau shall issue
the applicant a registration card identifying the name of the
individual, name and address of the business of the applicant
and a registration number.
(b) Term of registration.--A registration issued under this
section shall be valid for two years and may be renewed
biennially with the bureau pursuant to the renewal requirements
under section 305.
(c) Registered Interior Design Account.--The Registered
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Interior Design Account is established within the General Fund
as a nonlapsing, restricted receipt account. Money in the
account is hereby appropriated on a continuing basis to the
Pennsylvania Office of Attorney General for administering and
enforcing the provisions of this act and to protect consumers
with respect to registered interior design services through
consumer education and other means.
Section 304. Proof of registration.
(a) Code-regulated interior design services.--A registered
interior designer practicing code-regulated interior design
services within this Commonwealth shall affix the signature and
registration number of the registered interior designer to an
interior construction document certifying compliance with
applicable current building codes, ordinances, laws and
regulations defining the work to be constructed for approval of
a construction permit by a building official or fire marshal.
Documents may be combined with documents prepared under the
stamp and signature of other professionals licensed or
registered under the laws of this Commonwealth performing
services within the professional's authorized scope of
practice. Documents may also include the technical submittals
coordinated by the registered interior designer as required by
contract documents.
(b) Advertisements.--A registered interior designer shall
include the registration number in all advertisements
distributed within this Commonwealth.
(c) Applicability.--This section shall apply to all
advertisements, contracts, estimates and proposals created by a
registered interior designer after the effective date of this
section.
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Section 305. Biennial renewal.
For biennial renewal of a registration, the following shall
apply:
(1) In addition to the initial application requirements
under section 302, a registered interior designer must
biennially provide certification of successful completion of
a minimum of 10 hours of continuing education. Continuing
education activities that satisfy the professional
development requirements include, but are not limited to, the
following:
(i) Completion of accredited college or university
coursework in interior design or a related field.
(ii) Completion of continuing education courses
offered or accepted by the Interior Design Continuing
Education Council (IDCEC), Green Business Certification
Inc. (GBCI), the accrediting body of the American
Institute of Architects or other accrediting agencies and
institutions related to interior design.
(2) Certification of continuing education credit hours
submitted by the registered interior designer shall be
verified as being correct and true by the applicant.
Falsification of credit hours shall result in immediate
revocation of the registered interior designer's
certification.
(3) A registered interior designer must file a completed
bureau-approved renewal application and pay the appropriate
fee.
CHAPTER 5
ADMINISTRATION AND ENFORCEMENT
Section 501. Public information.
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(a) Public access to registration information.--The bureau
shall maintain a toll-free telephone number from which a caller
can obtain information as to whether an interior designer is
registered with the bureau under this act, as well as
information that may be obtained on the bureau's publicly
accessible Internet website.
(b) Confidentiality of personal information.--The bureau
shall create a policy for the disclosure of personal information
to the public. The bureau may not disclose to the public a
registered interior designer's or applicant's Social Security
number, driver's license number or any confidential information
prohibited by law from being disclosed. An interior designer's
home address and home telephone number shall be disclosed only
if the home address and home telephone number are also used as
the interior designer's business address and business telephone
number.
Section 502. Prohibited acts.
(a) General rule.--Nothing in this act shall prohibit an
individual from practicing code-regulated interior design
services or preparing interior construction documents under the
stamp and signature of a licensed architect or professional
engineer, but the individual may not hold himself out to be a
registered interior designer unless the individual meets the
requirements of this act.
(b) Misrepresentation.--An individual who is not registered
by the bureau as a registered interior designer is prohibited
from printing a written or printed circular, business card,
letterhead or sign, or otherwise assuming the title of
registered interior designer or the abbreviation "R.I.D." An
individual who misrepresents himself as a registered interior
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designer commits a misdemeanor of the third degree.
(c) Construction.--The following shall apply:
(1) Nothing in this act shall prohibit use of the title
"interior designer" by a nonregistered individual.
(2) Nothing in this act shall prohibit an unregistered
individual from performing professional services limited to
the planning, design and implementation of kitchen and bath
spaces or the specification of products for kitchen and bath
areas in residential spaces.
(3) Nothing in this act shall prohibit an individual
from engaging in the practice for which that individual is
licensed or certified to practice or to act within the scope
of that license or certification held in this Commonwealth.
(4) Nothing in this act or any other law or regulation
of this Commonwealth shall prohibit a registered interior
designer from being directly compensated for the preparation
of interior construction documents.
(d) Regulation.--No political subdivision may in any manner
regulate a registered interior designer. No building official,
fire marshal or any other municipal employee authorized to issue
construction permits shall require a registered interior
designer to submit an interior construction document or
technical submittal pertaining to registered interior design
practice under the stamp and signature of a licensed architect
or professional engineer. A registered interior designer may
request the bureau to review local ordinances or actions taken
by a building official, fire marshal or other municipal employee
authorized to issue construction permits that may be in
violation of this section. The bureau may bring an action
against the political subdivision in Commonwealth Court to
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invalidate the unauthorized local ordinance or enjoin the
enforcement of the unauthorized local ordinance.
Section 503. Regulations.
The bureau may adopt rules and regulations necessary to carry
out the provisions of this act.
Section 504. Permit authority.
(a) General rule.--A registered interior designer, only
after affixing the signature and registration number of the
registered interior designer to interior construction documents,
shall have the authority to submit them to a governmental entity
for the purpose of obtaining a construction permit.
(b) Demolition plan.--A registered interior designer, only
after affixing the signature and registration number of the
registered interior designer and in conjunction with the stamp
and seal of a licensed architect or professional engineer, shall
have the authority to submit interior construction documents
containing demolition plans to a governmental entity for the
purpose of obtaining a construction permit.
Section 505. Preemption of local registration.
Registration under this act shall preclude a requirement of
payment of a fee or registration or licensing of an interior
designer by a political subdivision. Political subdivisions
shall be permitted to require building permits and local
enforcement of the building code for that political subdivision,
for which a reasonable fee may be charged.
Section 506. Exemptions.
This act shall not apply to any of the following persons or
organizations:
(1) The Commonwealth or any of its political
subdivisions.
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(2) The Federal Government.
CHAPTER 11
MISCELLANEOUS PROVISIONS
Section 1101. Construction.
This act shall supersede any conflicting provision in any
other laws of this Commonwealth.
Section 1102. Abrogation of regulations.
The provisions of 34 Pa. Code ยง 403.42a(c) are abrogated
insofar as they are inconsistent with this act.
Section 1103. Effective date.
This act shall take effect immediately.
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