AN ACT

 

1Providing for the registration of interior designers; and
2imposing powers and duties on the Bureau of Consumer
3Protection.

4TABLE OF CONTENTS

5Section 1. Short title.

6Section 2. Definitions.

7Section 3. Qualifications of registered interior designers.

8Section 4. Initial application procedures.

9Section 5.  Application fees.

10Section 6.  Proof of registration.

11Section 7.  Biennial renewal.

12Section 8.  Public information.

13Section 9.  Prohibited acts.

14Section 10.  Unfair Trade Practices and Consumer Protection Law.

15Section 11.  Regulations.

16Section 12.  Preemption of local registration.

17Section 13.  Exemptions.

18Section 14.  Construction.

1Section 15. Effective date.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Short title.

5This act shall be known and may be cited as the Interior
6Designer Registration Act.

7Section 2. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Bureau." The Bureau of Consumer Protection.

12"Certificate." A certificate of registration as a registered
13interior designer, issued by the Bureau of Consumer Protection,
14which contains a registration number assigned by the Bureau of
15Consumer Protection.

16"Code-regulated interior design services." Interior design
17services that are regulated by applicable building codes and
18performed by a registered interior designer.

19"Contract document." A document that forms part of the legal
20contract for services between various parties, including
21detailed instructions to the contractor, tender forms, interior
22construction documents and specifications.

23"Interior construction document." Plans, detailed drawings,
24specifications and schedules that define the work to be
25constructed as required by law for building permitting. The
26plan, detailed specifications and schedules may include, but are
27not limited to:

28(1) Allocations of space, elevations, sections, details
29and specifications to illustrate partition layouts.

30(2) Switching and communication locations.

1(3) Reflected ceiling plans and lighting layouts,
2details and designs.

3(4) Materials and finishes.

4(5) Furniture layouts.

5(6) Graphic instructions and related drawings supplied
6by an associated consultant and to be used for the
7construction of the project.

8"Interior design services." The selection, placement and
9assistance of nonstructural elements within the interior space
10of a building or structure, and the rendering of or the offering
11to render designs, consultations, studies, planning, drawings,
12contract documents, interior construction documents or other
13technical submissions and the administration of interior
14construction and contracts relating to nonloadbearing interior
15construction of a building or structure.

16"National Council for Interior Design Qualification." An
17independent, nonprofit organization of state and provincial
18credentialing bodies which develops and administers an
19examination with the purpose of establishing minimum standards
20of competence for the professional practice of interior design
21relative to building codes and industry standards.

22"Nonloadbearing interior construction."  An interior element
23or component that does not require design computations for a
24building's structure and does not support a vertical load of a
25structure other than its own weight, but that may support loads
26attached to it such as cabinetry or shelving.

27"Reflected ceiling plan."  A drawing illustrating a ceiling
28design that appears projected downward including light fixtures,
29materials, height designations and changes and ceiling fixtures
30that may include placement or location of exit signage, smoke

1detectors and other elements as required by the design.

2"Registered interior designer." An individual meeting the
3qualification requirements of this act who undertakes, offers to
4undertake or agrees to perform code-regulated interior design
5services independent of the seal and signature of a licensed
6architect or professional engineer.

7"Specifications." A detailed, written description of
8construction, workmanship and materials for work to be
9undertaken.

10"Technical submittals."  Designs, drawings, specifications,
11studies and other technical reports prepared and reviewed in the
12course of the professional practice of interior design.

13Section 3. Qualifications of registered interior designers.

14(a) General rule.--No individual shall hold himself out as a
15registered interior designer, nor shall an individual perform
16any code-regulated interior design service without first
17registering with the bureau as provided for in this act.

18(b) Exception.--Licensed architects and professional
19engineers currently permitted to practice interior design
20services are not required to register with the bureau under this
21act.

22(c) Registration qualifications.--To qualify as a registered
23interior designer, an applicant shall:

24(1) Be of good moral character.

25(2) Possess the following education and training:

26(i) At least six years of education, training or
27work experience consisting of either of the following:

28(A) A bachelor's degree from an accredited
29college or university with a major in interior design
30or a related field with 96 semester credits or 144

1quarter credits completed and a minimum of two years
2(3,800 hours) of work experience in providing
3interior design services with a total of 1,760 hours
4earned after all education is completed.

5(B) An associate's or bachelor's degree from a
6nonaccredited college or university with a major in
7interior design including not less than 120 semester
8credits or 180 quarter credits, of which not less
9than 60 semester credits or 90 quarter credits are
10interior design course work and four or more years
11(7,600 hours) of work experience in providing
12interior design services, with a total of 1,760 hours
13earned after all education is completed.

14(3) Pass all examinations that are required for
15certification by the National Council for Interior Design
16Qualification or its successor.

17(4) Submit a bureau-approved application and any fees as
18prescribed by the bureau by regulation.

19(5) Keep and make available all client logs for audit
20purposes of the experience requirement.

21Section 4. Initial application procedures.

22The following shall apply:

23(1) An individual shall apply to the bureau in writing
24on a form provided by the bureau or electronically via the
25secure registration web page on the bureau's Internet website
26developed as required by the act of October 17, 2008
27(P.L.1645, No.132), known as the Home Improvement Consumer
28Protection Act. The bureau may make the modifications to the
29registration web page and database which are necessary to
30facilitate online registration of interior designers. The

1application shall include the following information:

2(i) The name of the applicant.

3(ii) The date of birth of the applicant.

4(iii) The applicant's home address and home
5telephone number.

6(iv) The applicant's driver's license number, a copy
7of an identification card issued by the state in which
8the individual resides or another form of identification
9as permitted by the bureau.

10(v) The applicant's business or employer's name,
11Federal employment identification number, address and
12telephone number, if applicable.

13(vi) The applicant's Social Security number.

14(vii) All prior business names and addresses of
15interior design businesses operated by the applicant.

16(viii) A complete description of the nature of the
17interior design business of the applicant.

18(ix) Proof of successful completion of registration
19requirements.

20(x) A statement whether:

21(A) The applicant has ever been convicted of a
22criminal offense related to fraud, theft, a crime of
23deception or a crime involving fraudulent business
24practices, as well as a statement whether the
25applicant has ever filed a petition in bankruptcy or,
26within the last ten years, received a final civil
27judgment entered against the applicant or businesses
28in which the applicant held an interest that was
29related to interior design services provided by the
30individual.

1(B) The applicant's registration or a similar
2certificate or license issued by any other state or
3political subdivision has ever been revoked or
4suspended pursuant to an order issued by a court of
5competent jurisdiction and, if so, the current status
6of the registration or similar certificate or
7license. The statement required by this clause shall
8include the same information with respect to any
9other business in which the person making application
10has ever had an interest.

11(xi) Proof of general liability insurance in an
12amount not less than $50,000. For the purpose of this
13subparagraph, proof of insurance may include information
14attested to by an applicant that the applicant is self-
15insured. The bureau shall develop forms for this purpose
16and make them available to applicants. The bureau may
17determine the sufficiency of the self-insurance and the
18manner in which it is maintained in compliance with this
19act.

20(2) Any registered interior designer in this
21Commonwealth who is registered or licensed as an interior
22designer in any other state or political subdivision shall
23report that information to the bureau on the initial
24registration and biennial registration application. Any
25disciplinary action taken in such other jurisdiction shall be
26reported to the bureau on the initial registration
27application or, if such action occurred subsequent to
28submission of an initial application, on the biennial
29registration application or within 90 days of final
30disposition, whichever is sooner. Multiple registrations or

1licensures shall be noted by the bureau on the registered
2interior designer's registration, and such state or political
3subdivision shall be notified by the bureau of any
4disciplinary actions taken in this Commonwealth against such
5registered interior designer.

6Section 5.  Application fees.

7(a) Amount.--Each application or renewal application shall
8be accompanied by a fee of $50. After completion of the
9application and payment of the fee, the bureau shall issue the
10registered interior designer a certificate of registration
11identifying the name of the individual, name and address of the
12business and a registration number.

13(b) Term of certificate.--A certificate of registration
14issued pursuant to this section shall be valid for two years and
15may be renewed biennially with the bureau pursuant to the
16renewal requirements under section 7.

17(c) Account.--The following shall apply:

18(1) All fees collected under this act shall be deposited
19into the Home Improvement Account established by the act of
20October 17, 2008 (P.L.1645, No.132), known as the Home
21Improvement Consumer Protection Act, which shall be an
22interest-bearing account.

23(2) The funds in the account and any interest earned on
24the funds may be appropriated to the Attorney General for
25administering and enforcing the provisions of this act and to
26protect consumers with respect to registered interior design
27services through consumer education and other means.

28Section 6.  Proof of registration.

29(a) Code-regulated interior design services.--A registered
30interior designer practicing code-regulated interior design

1services within this Commonwealth shall affix a copy of the
2interior designer's certificate on an interior construction
3document certifying compliance with applicable current building
4codes, ordinances, laws and regulations defining the work to be
5constructed for approval of a construction permit by a building
6official or fire marshal. Documents may be combined with
7documents prepared under the seal and signature of other
8licensed, certified or registered professionals licensed under
9the laws of this Commonwealth performing services within their
10authorized scope of practice. Documents may also include the
11technical submittals coordinated by the registered interior
12designer as required by contract documents.

13(b) Advertisements.--A registered interior designer shall
14include the registration number in all advertisements
15distributed within this Commonwealth.

16(c) Applicability.--This section shall apply to all
17advertisements, contracts, estimates and proposals created by a
18registered interior designer after the effective date of this
19act.

20Section 7.  Biennial renewal.

21(a) Biennial registration renewal.--For biennial renewal of
22a registration the following shall apply:

23(1) In addition to the initial application requirements
24under section 4, a registered interior designer must provide
25certification of successful completion of a minimum of ten
26hours of continuing education biennially. Continuing
27education activities which satisfy the professional
28development requirements include, but are not limited to, the
29following:

30(i) Completion of accredited college or university

1coursework in interior design or a related field.

2(ii) Completion of continuing education courses
3offered or accepted by the United States Green Building
4Council, American Institute of Architects, International
5Interior Design Association, the American Society of
6Interior Designers or other accrediting agencies and
7institutions related to interior design.

8(2) Certification of continuing education credit hours
9submitted by the registered interior designer shall be
10verified as being correct and true by the applicant.
11Falsification of credit hours shall result in immediate
12revocation of the registered interior designer's
13certification.

14(3) A registered interior designer must file a completed
15bureau-approved renewal application and pay the appropriate
16fee.

17Section 8.  Public information.

18(a) Public access to registration information.--The bureau
19shall maintain a toll-free telephone number from which a caller
20can obtain information as to whether an interior designer is
21registered with the bureau pursuant to this act, as well as
22information that may be obtained on the bureau's Internet
23website.

24(b) Confidentiality of personal information.--The bureau
25shall create a policy for the disclosure of personal information
26to the public. The bureau may not disclose to the public a
27registered interior designer's or applicant's Social Security
28number, driver's license number or any confidential information
29prohibited by law from being disclosed, provided that an
30interior designer's home address and home telephone number shall

1be disclosed only if it is also used as the interior designer's
2business address and business telephone number.

3Section 9.  Prohibited acts.

4(a) General rule.--Nothing in this act shall prohibit an
5individual from providing interior design services and preparing
6interior construction documents under the seal and signature of
7a licensed architect or professional engineer, but the
8individual may not practice code-regulated interior design
9services or hold himself out to be a registered interior
10designer unless the individual meets the requirements of this
11act.

12(b) Misrepresentation.--Any individual who is not registered
13by the bureau as a registered interior designer is prohibited
14from printing any written or printed circular, any business
15card, letterhead or sign, or otherwise assume the title of
16registered interior designer nor any other title, abbreviation,
17name or description, implying or calculated to lead to the
18belief that the individual is qualified as a registered interior
19designer. Any individual who misrepresents himself as a
20registered interior designer commits a felony of the third
21degree.

22(c) Construction.--The following shall apply:

23(1) Nothing in this section shall prohibit an individual
24from engaging in the practice for which that individual is
25licensed or certified to practice or to act within the scope
26of that license or certification held in this Commonwealth.

27(2) Nothing in this act or any other law or regulation
28of this Commonwealth shall prohibit a registered interior
29designer from being directly compensated for the preparation
30of interior construction documents.

1(d) Regulation.--No political subdivision may in any manner
2regulate a registered interior designer. No building official,
3fire marshal or any other municipal employee authorized to issue
4construction permits may require a registered interior designer
5to submit an interior construction document or technical
6submittal pertaining to registered interior design practice
7under the seal and signature of a licensed architect or
8professional engineer. A registered interior designer may
9request the bureau to review any local ordinance or action taken
10by a building official, fire marshal or any other municipal
11employee authorized to issue construction permits that may be in
12violation of this section. The bureau may bring an action
13against the political subdivision in Commonwealth Court to
14invalidate the unauthorized local ordinance or enjoin the
15enforcement of the unauthorized local ordinance.

16Section 10.  Unfair Trade Practices and Consumer Protection Law.

17A violation of any of the provisions of this act shall be
18deemed a violation of the act of December 17, 1968 (P.L.1224,
19No.387), known as the Unfair Trade Practices and Consumer
20Protection Law. Nothing in this act shall preclude an owner from
21exercising any right provided under the Unfair Trade Practices
22and Consumer Protection Law.

23Section 11.  Regulations.

24(a) General rule.--The bureau may adopt rules and
25regulations necessary to carry out the provisions of this act.

26(b) Pennsylvania Building Code.--The Department of Labor and
27Industry shall adopt regulations within 90 days of the effective
28date of this act to bring 34 Pa. Code § 403.42a(c) (relating to
29permit applications) and any other relevant sections of the
30Pennsylvania Building Code into compliance with this act.

1Section 12.  Preemption of local registration.

2Registration under this act shall preclude any requirement of
3payment of a fee or registration or licensing of any interior
4designer by any political subdivision. Political subdivisions
5shall be permitted to require building permits and local
6enforcement of the building code for that political subdivision,
7for which a reasonable fee may be charged.

8Section 13.  Exemptions.

9This act shall not apply to any of the following persons or
10organizations:

11(1) The Commonwealth, or any of its political
12subdivisions.

13(2) The Federal Government.

14Section 14.  Construction.

15This act shall supersede any conflicting provision in any
16other State law.

17Section 15. Effective date.

18This act shall take effect July 1, 2014.