FILED SENATE
Mar 4, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 188
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS55005-NBf-18A*
Short Title: Bd. of Architects/Interior Designers. (Public)
Sponsors: Senators Krawiec, Galey, and Barnes (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ALLOW FOR REGISTRATION OF INTERIOR DESIGNERS AND TO
3 MODIFY THE NORTH CAROLINA BOARD OF ARCHITECTURE.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. Chapter 83A of the General Statutes reads as rewritten:
6 "Chapter 83A.
7 "Architects.Architects and Registered Interior Designers.
8 "§ 83A-1. Definitions.
9 When used in this Chapter, unless the context otherwise requires:
10 (1) "Architect" means a Architect. – A person who is duly licensed to practice
11 architecture.
12 (1a) Architect Emeritus. – A person who has been duly licensed as an architect by
13 the Board and who chooses to relinquish or not to renew a license to practice
14 architecture and who applies to and is approved by the Board after review of
15 record, including any disciplinary action, to be granted the use of the honorific
16 title "Architect Emeritus."
17 (2) "Board" means the Board. – The North Carolina Board of
18 Architecture.Architecture and Registered Interior Designers.
19 (2a) CIDQ. – The Council for Interior Design Qualification.
20 (3) "Corporate certificate" means a Firm certificate. – A certificate of corporate
21 firm registration issued by the Board recognizing the corporation firm named
22 in the certificate as meeting the requirements for the corporate firm practice
23 of architecture.architecture or interior design.
24 (4) "Corporate Firm practice of architecture" means "practice" architecture. –
25 "Practice of architecture," as defined in G.S. 83A-1(7) by a corporation firm
26 which is organized or domesticated in this State, and which holds a current
27 "corporate "firm certificate" from this Board.
28 (5) "Good Good moral character" means such character character. – Character as
29 tends to assure the faithful discharge of the fiduciary duties of an architect or
30 registered interior designer to his or her client. Evidence of lack of such
31 character shall include the willful commission of an offense justifying
32 discipline under this Chapter, the practice of architecture in violation of this
33 Chapter, the practice of interior design in violation of this Chapter, or of the
34 laws of another jurisdiction, or the conviction of a felony.
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1 (6) "License" means a License. – A certificate of registration issued by the Board
2 recognizing the individual named in the certificate as meeting the
3 requirements for registration under this Chapter.
4 (6a) Interior design. – Includes, but is not limited to, the preparation of reflected
5 ceiling plans, space planning, paths of egress, occupancy calculations,
6 provided no increases in occupancy or number of exits is required,
7 furnishings, and the fabrication of nonstructural elements within and
8 surrounding interior spaces of buildings. The term "interior design"
9 specifically excludes the following:
10 a. The design of or the responsibility for architectural and engineering
11 work, except as explicitly provided for within this Chapter.
12 b. Altering or affecting the structural system of a building.
13 c. Changing the means of access system.
14 d. Changing the building's live or dead load on the structural system.
15 e. Changes of use to occupancies not already allowed by the current
16 building.
17 f. Changes to life safety plans, including exiting and exit stairs.
18 (6b) Nonstructural element. – An element which does not require structural bracing
19 and is not one or more of the following:
20 a. Load-bearing wall.
21 b. Load-bearing column.
22 c. Beam.
23 d. Truss.
24 e. Lateral force-resisting component.
25 f. Any other load-bearing element of a building or structure which is
26 essential to the structural integrity of the building.
27 (7) "Practice Practice of architecture" means performing architecture. –
28 Performing or offering to perform or holding oneself out as legally qualified
29 to perform professional services in connection with the design, construction,
30 enlargement or alteration of buildings, including consultations, investigations,
31 evaluations, preliminary studies, the preparation of plans, specifications and
32 contract documents, administration of construction contracts and related
33 services or combination of services in connection with the design and
34 construction of buildings, regardless of whether these services are performed
35 in person or as the directing head of an office or organization.
36 (8) Practice of interior design. – The preparation of working drawings and
37 documents relative to interior construction, materials, finishes, space
38 planning, furnishings, fixtures, and equipment as defined in subdivision (6a)
39 of this section. Except as provided herein, interior design services do not
40 include services that constitute the practice of architecture as defined in this
41 Chapter or the practice of engineering as defined in G.S. 89C-3.
42 (9) Reflected ceiling plan. – A ceiling design plan which is laid out as if it were
43 projected downward and which may include lighting and other elements.
44 (10) Registered interior designer. – A person who is duly registered and who is
45 qualified by education, experience, and examination as authorized by the
46 Board. A registered interior designer shall possess the authority to sign and
47 seal interior technical submissions covering the scope of the practice of
48 interior design and shall have the authority to submit construction documents
49 where the registered interior designer is the contract holder and Designer of
50 Record to a State or local government entity for the purpose of obtaining
51 requisite permits for an interior construction project. A registered interior
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1 designer may only sign and seal interior technical submissions within the
2 scope of the practice of interior design defined by this Chapter.
3 (11) Registration. – A certificate of registration issued by the Board recognizing
4 the individual named in the certificate as meeting the requirements for
5 registration under this Chapter.
6 (12) Space planning. – The analysis, programming, or design of spatial
7 requirements, including preliminary space layouts and final planning.
8 "§ 83A-2. North Carolina Board of Architecture; Architecture and Registered Interior
9 Designers; creation; appointment, terms and oath of members; vacancies;
10 officers; bond of treasurer; notice of meetings; quorum.
11 (a) Powers; Duties. – The North Carolina Board of Architecture and Registered Interior
12 Designers shall have the power and responsibility to administer the provisions of this Chapter in
13 compliance with the Administrative Procedure Act.
14 (b) Composition. – The Board shall consist of seven 10 members appointed by the
15 Governor.Governor, as follows:
16 (1) Five of the members of the Board shall be licensed architects appointed for
17 five year terms; the five-year terms. The terms shall be staggered so that the
18 term of one architect member expires each year. No architect member shall be
19 eligible to serve more than two consecutive terms; if a vacancy occurs during
20 a term, the Governor shall appoint a person to fill the vacancy for the
21 remainder of the unexpired term.terms.
22 (2) Three of the members of the Board shall be registered interior designers
23 appointed for five-year terms. The terms shall be staggered so that the term of
24 one registered interior designer member expires each year. No registered
25 interior designer member shall be eligible to serve more than two consecutive
26 terms.
27 (3) Two of the members of the Board shall be persons who are not licensed
28 architects or registered interior designers, and who represent the interest of the
29 public at large. The public members shall have full voting powers and shall
30 serve at the pleasure of the Governor.
31 (b1) Oath. – Each Board member shall file with the Secretary of State an oath faithfully to
32 perform duties as a member of the Board, and to uphold the Constitution of North Carolina and
33 the Constitution of the United States.
34 (b2) Vacancies. – If a vacancy occurs during a term, the Governor shall appoint a person
35 to fill the vacancy on the Board for the remainder of the unexpired term.
36 (c) Officers; Meetings; Quorum. – Officers of the Board shall include a president,
37 vice-president, secretary and treasurer elected at the annual meeting for terms of one year. The
38 treasurer shall give bond in such sum as the Board shall determine, with such security as shall be
39 approved by the Board, said bond to be conditioned for the faithful performance of the duties of
40 his office and for the faithful accounting of all moneys and other property as shall come into his
41 hands. Notice of the annual meeting, and the time and place of the annual meeting shall be given
42 each member by letter at least 10 days prior to such meeting and public notice of annual meetings
43 shall be published at least for two weeks preceding such meetings on the Web site website of the
44 Board. A majority of the members of the Board shall constitute a quorum.
45 …
46 "§ 83A-4. Fees.
47 (a) All fees and charges by the Board shall be established by Board rule subject to the
48 provisions of the Administrative Procedure Act.
49 (b) Fees set by the Board shall not exceed the following amounts:
50 Initial Application for Licensure to Practice Architecture by Exam
51 Individual $100.00
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1 Residents $50.00
2 Nonresidents $50.00
3 CorporateFirm $75.00$150.00
4 Reexamination $25.00
5 Annual License to Practice Architecture Renewal
6 Individual $75.00$150.00
7 CorporateFirm $100.00$200.00
8 Late Renewal Penalty for Individual Architects and Firms
9 Up-to-30 days $50.00$100.00
10 30 days to 1 year $50.00$100.00
11 Reciprocal RegistrationLicense $150.00$300.00
12 Reinstatement of Expired License
13 Architect $500.00
14 Firm $500.00
15 Initial Application for Registration to Practice Interior Design
16 Individual $100.00
17 Firm $150.00
18 Annual Registration to Practice Interior Design Renewal
19 Individual $150.00
20 Firm $200.00
21 Late Renewal Penalty for Interior Designers and Interior Design Firms
22 Up-to-30 days $100.00
23 30 days to 1 year $100.00
24 Reciprocal License $300.00
25 Reinstatement of Expired Registration
26 Interior Design $500.00
27 Interior Design Firm $500.00
28 The above fees are provided in addition to any other fees prescribed by law. Reasonable fees for
29 examination materials, certificates, rosters and other published materials shall be established by
30 the Board, but the Board shall not collect any fees not authorized by this Chapter.
31 "§ 83A-5. Board records; rosters; seal.
32 (a) The Board shall maintain records of board meetings, of applications for individual or
33 corporate firm registration and the action taken thereon, of the results of examinations, of all
34 disciplinary proceedings, and of such other information as deemed necessary by the Board or
35 required by the Administrative Procedure Act or other provisions of the General Statutes.
36 (b) A complete roster showing the name and last known address of all resident and
37 nonresident architects and architectural firms holding current licenses and interior designers
38 holding current registrations from the Board shall be maintained and published by the Board, and
39 shall include each registrant's authorization or registration number. Copies of the roster shall be
40 filed with the Secretary of State and the Attorney General, and may be made available on the
41 Web site of the Board.
42 (c) The Board shall adopt a seal containing the name of the Board for use on its official
43 records and reports.
44 "§ 83A-6. Board rules; bylaws; standards of professional conduct.
45 (a) The Board shall have the power to adopt bylaws, rules, and standards of professional
46 conduct to carry out the purposes of this Chapter, including, but not limited to:
47 (1) The adoption of bylaws governing its meetings and proceedings;proceedings.
48 (2) The establishment of qualification requirements for admission to
49 examinations, and for individual or corporate firm licensure and individual
50 registration as provided in G.S. 83A-7 and 83A-8;G.S. 83A-8.
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1 (3) The establishment of the types and contents of examinations, their conduct,
2 and the minimum scores or other criteria for passing such
3 examinations;examinations.
4 (4) The adoption of mandatory standards of professional conduct concerning
5 misrepresentations, conflicts of interest, incompetence, disability, violations
6 of law, dishonest conduct, or other unprofessional conduct for those persons
7 or corporations regulated by this Chapter, which standards shall be
8 enforceable under the disciplinary procedures of the Board;Board.
9 (5) The establishment or approval of requirements for renewal of licenses and
10 registrations designed to promote the continued professional development and
11 competence of licensees. licensees and registrants. Such requirements shall be
12 designed solely to improve the professional knowledge and skills of a licensee
13 or a registrant directly related to the current and emerging bodies of
14 knowledge and skills of the licensee's or registrant's profession.
15 When necessary to protect the public health, safety, or welfare, the Board shall require such
16 evidence as it deems necessary to establish the continuing competency of architects and interior
17 designers as a condition of renewal of licenses.licenses and registrations.
18 …