H.B. 858
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 16, 2019
SESSION 2019 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40366-NDf-99
Short Title: Interior Design Profession Act. (Public)
Sponsors: Representatives Riddell, Saine, Beasley, and Ross (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ESTABLISH A FRAMEWORK FOR THE VOLUNTARY REGISTRATION
3 OF INDIVIDUALS IN THE PROFESSION OF INTERIOR DESIGN AND TO ALLOW
4 REGISTERED PROFESSIONAL INTERIOR DESIGNERS TO OBTAIN PERMITS
5 FROM LOCAL GOVERNMENTS.
6 The General Assembly of North Carolina enacts:
7 SECTION 1. The General Statutes are amended by adding a new Chapter to read:
8 "Chapter 93F.
9 "Interior Design.
10 "§ 93F-1. Title.
11 This Chapter shall be known and may be cited as the "Interior Design Profession Act."
12 "§ 93F-2. Purpose.
13 It is the purpose and intent of this act to promote the health, safety, and welfare of the public
14 by establishing standards for education and expertise for the practice of interior design and to
15 ensure a high standard of professional conduct on the part of registered interior designers.
16 "§ 93F-3. Definitions.
17 In this Chapter, unless the context otherwise requires, the following definitions shall apply:
18 (1) Building equipment. – Mechanical, plumbing, electrical, or structural
19 components designed for or located in a building or structure, including
20 motorized vertical transportation systems.
21 (2) Nonstructural element. – An element which does not require structural bracing
22 and which is something other than a load-bearing element of a structure which
23 is essential to its structural integrity.
24 (3) Department. – The North Carolina Department of Insurance.
25 (4) Good moral character. – Such character as tends to assure the faithful
26 discharge of the fiduciary duties of an interior designer to a client. Evidence
27 of lack of such character shall include the willful commission of an offense
28 justifying discipline under this Chapter, the practice of interior design in
29 violation of this Chapter or of the laws of another jurisdiction, or the
30 conviction of a felony.
31 (5) CIDQ. – The Council for Interior Design Qualification.
32 (6) Practice of interior design. – Includes the following professional activities:
33 a. Programming, planning, predesign analysis, and conceptual design,
34 including the selection of materials, furniture, fixtures, and equipment,
35 but not building equipment.
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1 b. Interior nonstructural element alteration or interior nonstructural
2 element construction and interior technical submissions related
3 thereto.
4 c. The preparation of a physical plan of space within a proposed or
5 existing building or structure, including determinations of (i) internal
6 circulation systems or patterns, (ii) the location of internal exit
7 requirements based on occupancy loads, and (iii) assessment and
8 analysis of interior life safety factors for compliance with State and
9 local government building codes.
10 d. Reviewing, analyzing, evaluating, and interpreting building codes, fire
11 codes, accessibility standards, including the Americans with
12 Disabilities Act, or other federal, State, or local regulations, codes, and
13 standards as applicable to interior technical submissions.
14 e. The rendering of designs, plans, drawings, specifications, contract
15 documents, or other interior technical submissions and the
16 administration of interior construction and contracts relating to
17 nonstructural elements in interior alteration or construction of a
18 proposed or existing building or structure.
19 "Practice of interior design" does not include making changes or additions to
20 (i) foundations, beams, trusses, columns, or other primary structural framing
21 members or seismic systems, (ii) structural concrete slabs, roof framing
22 structures, or load-bearing and shear walls, (iii) opening in roofs, exterior
23 walls, or load-bearing and shear walls, (iv) exterior penetrations, such as
24 adding or removing windows and doors, or (v) heating, ventilating, or air
25 conditioning equipment or distribution systems, building management
26 systems, high or medium voltage electrical distribution systems, standby or
27 emergency power systems or distribution systems, plumbing or plumbing
28 distribution systems, fire alarm systems, fire sprinkler systems, security or
29 monitoring systems, or related building systems.
30 (7) Registered interior designer. – A person who voluntarily holds a certificate of
31 registration pursuant to this Chapter as an interior designer.
32 "§ 93F-4. Application for registration.
33 (a) An applicant for registration shall be registered upon satisfactory proof to the
34 Department that the applicant is of good moral character and meets the following requirements:
35 (1) Submission of a signed application in a form to be established by the
36 Department.
37 (2) Passage of the examination administered by the CIDQ.
38 (3) Submission of a statement of personal qualification that includes at least all of
39 the following information about the applicant:
40 a. Full legal name and name submitted for registration.
41 b. Date of birth.
42 c. Personal and business mailing addresses, telephone numbers, and
43 e-mail addresses.
44 d. State and county of residence.
45 e. Employer's name, address, and telephone number, if the applicant is
46 employed at the time of application.
47 f. All issuances, denials, revocations, suspensions, or restrictions of a
48 license, certificate, or registration pertaining to the practice of interior
49 design in this State or any other jurisdiction.
50 g. Proof of general liability insurance.
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1 (4) Payment of the application fee established by the Department pursuant to this
2 Chapter of one hundred dollars ($100.00).
3 "§ 93F-5. Expiration and renewals; continuing education.
4 (a) Registrations shall expire two years following issuance or renewal and shall become
5 invalid after that date unless renewed. A registrant may apply for renewal of a registration no
6 earlier than 10 weeks prior to the expiration date of the current registration.
7 (b) The Department shall issue a renewal of registration to an applicant upon proof
8 satisfactory to the Department that the applicant is of good moral character and meets all of the
9 following requirements:
10 (1) Submission of a signed application for renewal in a form to be established by
11 the Department.
12 (2) Submission of proof of completion of at least 30 continuing education units
13 by providing the following information:
14 a. Documentation of successful completion of the continuing education
15 units from the providers.
16 b. Documentation that at least 15 of the continuing education units are
17 focused on one or more of the following subject matters:
18 1. Public safety, including application of State and local fire
19 codes, building codes, and regulations.
20 2. Application of federal, State, and local laws pertaining to
21 accessibility standards, including the Americans with
22 Disabilities Act, and any other topics related to health, safety,
23 and welfare of building occupants.
24 (3) Payment of the renewal fee established by the Department pursuant to this
25 Chapter of fifty dollars ($50.00).
26 (4) Proof of general liability insurance.
27 "§ 93F-6. Reciprocity.
28 The Department shall issue a registration to an applicant who, at the time of application, holds
29 a valid license, certificate, or registration as an interior designer issued by another state or a
30 political territory or jurisdiction acceptable to the Department if, in the Department's
31 determination, the requirements for that license, certificate, or registration are substantially equal
32 to or greater than the requirements for registration pursuant to this Chapter. In addition to the
33 application requirements provided in G.S. 93F-4, applicants seeking reciprocal registration shall
34 pay to the Department an additional fee of fifty dollars ($50.00) and demonstrate to the
35 Department a familiarity with the State Building Code.
36 "§ 93F-7. Disqualifications for registration.
37 (a) The Department either may refuse to issue or to renew or may suspend or revoke a
38 registration if the applicant or registrant:
39 (1) Obtains a certificate of registration by fraudulent misrepresentation.
40 (2) Uses or attempts to use another's certificate of registration to practice interior
41 design.
42 (3) Uses or attempts to use another's name for purposes of obtaining a certificate
43 of registration or practicing interior design.
44 (4) Has demonstrated gross malpractice or gross incompetency as determined by
45 the Board.
46 (5) Has been convicted of or pled guilty or no contest to a crime that indicates
47 that the person is unfit or incompetent to practice interior design or that
48 indicates the person has deceived or defrauded the public.
49 (6) Has been declared mentally incompetent by a court of competent jurisdiction.
50 (7) Has willfully violated any of the provisions of this Chapter or Departmental
51 rules.
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1 (b) At any time after suspension, revocation, or the taking of any other disciplinary action
2 with regard to any registration, the Department may reinstate the registration or take any other
3 action to reinstate the registration to good standing.
4 (c) Any person may file with the Department a charge of unprofessional conduct,
5 negligence, incompetence, dishonest practice, or other misconduct of any violation of this
6 Chapter. Upon receipt of such charge, the Department may give notice of an administrative
7 hearing under the Administrative Procedure Act or may dismiss the charge as unfounded or
8 trivial. Regardless of the Department's decision, the Department shall mail a statement to the
9 registrant and the person who filed the charge by registered or certified mail that explains the
10 Department's decision and the reasons behind that decision.
11 "§ 93F-8. Misdemeanors.
12 Each of the following acts constitutes a Class 2 misdemeanor:
13 (1) The affixing of a registered interior designer's signature or seal to any interior
14 technical submissions without the permission of the registrant.
15 (2) Using or attempting to use an expired, inactive, suspended, or revoked
16 registration or seal.
17 (3) Using or attempting to use the registration or seal of another.
18 (4) Impersonating another registrant.
19 (5) Obtaining or attempting to obtain a registration by fraud.
20 (6) The making of any willfully false oath or affirmation in any matter or
21 proceeding where an oath or affirmation is required by this Chapter.
22 "§ 93F-9. Civil penalties; disciplinary costs.
23 (a) The Department may assess a civil penalty not in excess of one thousand dollars
24 ($1,000) per offense for the violation by a registrant of any of the reasons provided in G.S. 93F-7.
25 The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil
26 Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
27 (b) Before imposing and assessing a civil penalty, the Department shall consider the
28 following factors:
29 (1) The nature, gravity, and persistence of the particular violation.
30 (2) The appropriateness of the imposition of a civil penalty when considered alone
31 or in combination with other punishment.
32 (3) Whether the violation was willful and malicious.
33 (4) Any other factors that would tend to mitigate or aggravate the violations found
34 to exist.
35 (c) The Department shall establish a schedule of civil penalties for violations of this
36 Chapter and rules adopted by the Department.
37 (d) The Department may, in a disciplinary proceeding, charge costs, including reasonable
38 attorneys' fees, to the registered interior designer against whom the proceedings were brought.
39 "§ 93F-10. Enjoining illegal practices.
40 The Department may apply to the superior court for an injunction to restrain any person from
41 violating the provisions of this Chapter or its rules. Actions under this section shall be brought in
42 the county where the defendant resides or maintains his or her principal place of business or
43 where the alleged acts occurred.
44 "§ 93F-11. Authority and duties of registrants.
45 (a) A registered interior designer shall possess the authority to sign and seal interior
46 technical submissions covering the scope of the practice of interior design and shall have the
47 authority to submit them to a State or local government entity for the purpose of obtaining
48 requisite permits for an interior alteration or construction project. A registered interior designer
49 may only sign and seal interior technical submissions within the scope of the practice of interior
50 design defined by this Chapter.
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1 (b) A registered interior designer shall have a reproducible seal or facsimile, the print of
2 which shall contain the full name and registration number of the registered interior designer on
3 file with the Department, the registrant's business city and state, and the words "Registered
4 Interior Designer, North Carolina." The seal shall be created and granted to each registered
5 interior designer by the Department.
6 (c) The registered interior designer shall affix the signature, current date, date of
7 registration expiration, and seal to all sheets or electronically submitted sets of interior design
8 technical submissions.
9 (d) The sheet of interior technical submissions in which the seal is affixed shall indicate
10 that those documents or parts thereof for which the seal shall apply. The seal and dates may be
11 electronically affixed. The registrant may provide, at the registrant's sole discretion, an original
12 signature in the registrant's handwriting, a scanned copy of the document bearing an original
13 signature, or a signature generated by a computer.
14 (e) No registered interior designer shall affix, or permit to be affixed, the registered
15 interior designer's registration number, seal, or signature to any interior technical submissions
16 which the registrant is not competent to perform.
17 (f) A registered interior designer shall not sign and seal interior technical submissions
18