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PRINTER'S NO. 1310
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1021
Session of
2015
INTRODUCED BY YUDICHAK, WARD AND FONTANA, OCTOBER 9, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 9, 2015
AN ACT
Providing for the registration of interior designers; and
imposing powers and duties on the Bureau of Consumer
Protection.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Qualifications of registered interior designers.
Section 4. Initial application procedures.
Section 5. Application fees.
Section 6. Proof of registration.
Section 7. Biennial renewal.
Section 8. Public information.
Section 9. Prohibited acts.
Section 10. Unfair Trade Practices and Consumer Protection Law.
Section 11. Regulations.
Section 12. Preemption of local registration.
Section 13. Exemptions.
Section 14. Construction.
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Section 15. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Interior
Designer Registration Act.
Section 2. 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.
"Certificate." A certificate of registration as a registered
interior designer, issued by the bureau which contains a
registration number assigned by the bureau.
"Code-regulated interior design services." Interior design
services that are regulated by applicable building codes and
performed by a registered interior designer.
"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.
"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) Switching and communication locations.
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(3) Reflected ceiling plans and lighting layouts,
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 design services." The selection, placement and
assistance 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.
"National Council for Interior Design Qualification." An
independent, nonprofit organization of state and provincial
credentialing bodies that develops and administers an
examination with the purpose of establishing minimum standards
of competence for the professional practice of interior design
relative to building codes and industry standards.
"Non-load-bearing interior construction." An interior
element or component that does not require design 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.
"Reflected ceiling plan." A drawing illustrating a ceiling
design that appears projected downward, including light
fixtures, materials, height designations and changes and ceiling
fixtures that may include placement or location of exit signage,
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smoke detectors and other elements as required by the design.
"Registered interior designer." An individual meeting the
qualification requirements of this act who undertakes, offers to
undertake or agrees to perform code-regulated interior design
services independent of the seal and signature of a licensed
architect or professional engineer.
"Specifications." A detailed, written description of
construction, workmanship and materials for work to be
undertaken.
"Technical submittals." Designs, drawings, specifications,
studies and other technical reports prepared and reviewed in the
course of the professional practice of interior design.
Section 3. Qualifications of registered interior designers.
(a) General rule.--No individual may hold himself out as a
registered interior designer, nor may an individual perform any
code-regulated interior design service without first registering
with the bureau as provided for in this act.
(b) Exception.--Licensed architects and professional
engineers currently permitted to practice interior design
services are not required to register with the bureau under this
act.
(c) Registration qualifications.--To qualify as a registered
interior designer, an applicant shall:
(1) Be of good moral character.
(2) Possess the following education and training:
(i) At least six years of education, training or
work experience consisting of either of the following:
(A) A bachelor's degree from an accredited
college or university with a major in interior design
or a related field with 96 semester credits or 144
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quarter credits completed and a minimum of two years
(3,800 hours) of work experience in providing
interior design services with a total of 1,760 hours
earned after all education is completed.
(B) An associate's or bachelor's degree from a
nonaccredited college or university with a major in
interior design, including not less than 120 semester
credits or 180 quarter credits, of which not less
than 60 semester credits or 90 quarter credits are
interior design course work and four or more years
(7,600 hours) of work experience in providing
interior design services, with a total of 1,760 hours
earned after all education is completed.
(3) Pass all examinations that are required for
certification by the National Council for Interior Design
Qualification or its successor.
(4) Submit a bureau-approved application and any fees as
prescribed by the bureau by regulation.
(5) Keep and make available all client logs for audit
purposes of the experience requirement.
Section 4. Initial application procedures.
The following shall apply:
(1) 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 Internet website
developed as required by the act of October 17, 2008
(P.L.1645, No.132), known as the Home Improvement Consumer
Protection Act. The bureau may make the modifications to the
registration web page and database that are necessary to
facilitate online registration of interior designers. The
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application shall include the following information:
(i) The name of the applicant.
(ii) The date of birth of the applicant.
(iii) The applicant's home address and home
telephone number.
(iv) 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.
(v) The applicant's business or employer's name,
Federal employment identification number, address and
telephone number, if applicable.
(vi) The applicant's Social Security number.
(vii) All prior business names and addresses of
interior design businesses operated by the applicant.
(viii) A complete description of the nature of the
interior design business of the applicant.
(ix) Proof of successful completion of registration
requirements.
(x) A statement whether:
(A) 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.
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(B) The applicant's registration or a similar
certificate or license issued by any other 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 similar certificate or
license. The statement required by this clause shall
include the same information with respect to any
other business in which the person making application
has ever had an interest.
(xi) Proof of general liability insurance in an
amount not less than $50,000. For the purpose of this
subparagraph, proof of insurance may include information
attested to by an applicant that the applicant is self-
insured. The bureau shall develop forms for this purpose
and make them available to applicants. The bureau may
determine the sufficiency of the self-insurance and the
manner in which it is maintained in compliance with this
act.
(2) A registered interior designer in this Commonwealth
who is registered or licensed as an interior designer in any
other state or political subdivision shall report that
information to the bureau on the initial registration and
biennial registration application. Any disciplinary action
taken in such 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 licensures shall be noted by the
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bureau on the registered interior designer's registration,
and the state or political subdivision shall be notified by
the bureau of any disciplinary actions taken in this
Commonwealth against such registered interior designer.
Section 5. Application fees.
(a) Amount.--Each application or renewal application shall
be accompanied by a fee of $50. After completion of the
application and payment of the fee, the bureau shall issue the
registered interior designer a certificate of registration
identifying the name of the individual, name and address of the
business and a registration number.
(b) Term of certificate.--A certificate of registration
issued pursuant to this section shall be valid for two years and
may be renewed biennially with the bureau pursuant to the
renewal requirements under section 7.
(c) Account.--The following shall apply:
(1) All fees collected under this act shall be deposited
into the Home Improvement Account established by the act of
October 17, 2008 (P.L.1645, No.132), known as the Home
Improvement Consumer Protection Act.
(2) The money in the account and any interest earned on
the money may be appropriated to the 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 6. Proof of registration.
(a) Code-regulated interior design services.--A registered
interior designer practicing code-regulated interior design
services within this Commonwealth shall affix a copy of the
interior designer's certificate on an interior construction
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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 seal and signature of other
licensed, certified or registered professionals licensed under
the laws of this Commonwealth performing services within their
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
act.
Section 7. Biennial renewal.
(a) Biennial registration renewal.--For biennial renewal of
a registration the following shall apply:
(1) In addition to the initial application requirements
under section 4, a registered interior designer must provide
certification of successful completion of a minimum of 10
hours of continuing education biennially. 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
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offered or accepted by the United States Green Building
Council, American Institute of Architects, International
Interior Design Association, the American Society of
Interior Designers 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.
Section 8. Public information.
(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 pursuant to this act, as well as
information that may be obtained on the bureau's 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, provided that an
interior designer's home address and home telephone number shall
be disclosed only if it is also used as the interior designer's
business address and business telephone number.
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Section 9. Prohibited acts.
(a) General rule.--Nothing in this act may prohibit an
individual from providing interior design services and preparing
interior construction documents under the seal and signature of
a licensed architect or professional engineer, but the
individual may not practice code-regulated interior design
services or 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 any written or printed circular, any business
card, letterhead or sign, or otherwise assuming the title of
registered interior designer nor any other title, abbreviation,
name or description implying or calculated to lead to the belief
that the individual is qualified as a registered interior
designer. An individual who misrepresents himself as a
registered interior designer commits a felony of the third
degree.
(c) Construction.--The following shall apply:
(1) Nothing in this section may 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.
(2) Nothing in this act or any other law or regulation
of this Commonwealth may 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,
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fire marshal or any other municipal employee authorized to issue
construction permits may require a registered interior designer
to submit an interior construction document or technical
submittal pertaining to registered interior design practice
under the seal and signature of a licensed architect or
professional engineer. A registered interior designer may
request the bureau to review any local ordinance or action taken
by a building official, fire marshal or any 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
invalidate the unauthorized local ordinance or enjoin the
enforcement of the unauthorized local ordinance.
Section 10. Unfair Trade Practices and Consumer Protection Law.
A violation of any of the provisions of this act shall be
deemed a violation of the act of December 17, 1968 (P.L.1224,
No.387), known as the Unfair Trade Practices and Consumer
Protection Law. Nothing in this act may preclude an owner from
exercising any right provided under the Unfair Trade Practices
and Consumer Protection Law.
Section 11. Regulations.
(a) General rule.--The bureau may adopt rules and
regulations necessary to carry out the provisions of this act.
(b) Uniform Construction Code.--The Department of Labor and
Industry shall adopt regulations within 90 days of the effective
date of this act to bring 34 Pa. Code ยง 403.42a(c) (relating to
permit application) and any other relevant sections of the
Uniform Construction Code into compliance with this act.
Section 12. Preemption of local registration.
Registration under this act shall preclude any requirement of
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payment of a fee or registration or licensing of any interior
designer by any 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 13. Exemptions.
This act shall not apply to any of the following persons or
organizations:
(1) The Commonwealth, or any of its political
subdivisions.
(2) The Federal Government.
Section 14. Construction.
This act shall supersede any conflicting provision in any
other State law.
Section 15. Effective date.
This act shall take effect July 1, 2016.
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