PRINTER'S NO. 1296
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1102
Session of
2017
INTRODUCED BY SONNEY, V. BROWN, D. COSTA, CUTLER, DAVIS, DEASY,
FARRY, HAHN, PHILLIPS-HILL, MAHER, MATZIE, MILLARD AND
RAVENSTAHL, APRIL 7, 2017
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 7, 2017
AN ACT
Providing for the registration of interior designers; imposing
powers and duties on the Bureau of Consumer Protection; and
imposing penalties.
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.
Section 504. Permit authority.
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Section 505. Preemption of local registration.
Section 506. Exemptions.
Chapter 11. Miscellaneous Provisions
Section 1101. Construction.
Section 1102. 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 that must 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
independent, nonprofit organization of state and provincial
credentialing bodies that develops and administers the National
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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.
"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.
(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 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 computations
for a building's structure and does not support a vertical load
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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 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.
"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.
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) Registration qualifications.--To qualify as a registered
interior designer, an applicant shall:
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(1) Be of good moral character.
(2) Have passed the CIDQ's examinations required for
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 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 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
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design business of the applicant.
(9) Proof of satisfaction of the registration
qualifications in section 301(b).
(10) A statement whether:
(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 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 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.
(b) Multiple registrations or licenses.--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 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
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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 any 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. Upon approval of the
application, the bureau shall issue the registered interior
designer a registration identifying the name of the individual,
name and address of the business 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
in section 305.
(c) Account.--The following shall apply:
(1) All fees collected under this act shall be deposited
into the Home Improvement Account.
(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 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
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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 licensed 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 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
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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.
(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; however, an interior
designer's home address and home telephone number shall be
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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 any written or printed circular, any 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
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 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.
(3) 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
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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 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 503. 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 504. Permit authority.
A registered interior designer, only after affixing the
signature and registration number of the registered interior
designer to interior construction documents and on technical
submittals, shall have the authority to submit them to a
governmental entity for the purpose of obtaining a construction
permit.
Section 505. Preemption of local registration.
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Registration under this act shall preclude any 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.
(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. Effective date.
This act shall take effect July 1, 2018.
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