SENATE, No. 178

SECTION 1. Chapter 13 of the General Laws is hereby amended by adding the following sections:

Section 98.  Any individual who has passed the interior design examination administered by the National Council for Interior Design Qualification (NCIDQ), who is a graduate of an interior design program accredited by either the Council for Interior Design Accreditation, the National Association of Schools of Art and Design or board determined equivalent may become registered with the board to practice interior design and use the title “Registered Interior Designer.” (RID)

Section 98A.  There shall be within the division of professional licensure a board of registration of interior designers, hereinafter called the board, consisting of five members to be appointed by the governor, four of whom shall each have been engaged in the practice of interior design for a period of ten years or more prior to this appointment, and shall be licensed interior designers, except for the initial appointees, who shall have successfully fulfilled all NCIDQ exam requirements. The fifth member shall be a representative of the public, subject to the provisions of section nine B. At least one of the four licensed interior designers shall be a professional educator, who teaches in a professional interior design college or university level program accredited by NASAD or the Council for Interior Design Accreditation (formerly known as FIDER). Each appointment shall be for a period of four years; as the term expires, a qualified successor shall be appointed by the governor. Each member shall serve until the qualification of his successor.

Any member may be removed from the board by the governor upon bonefide complaint with good cause shown of neglect of duty, misconduct, malfeasance, or misfeasance in office, after ten days written notice and with sufficient opportunity to be heard thereon, to the member against whom charges may be filed.

SECTION 98B.   The board shall hold at least two regular meetings each year, and may hold special meetings as required. Time, place, and notice of all meetings shall be required in accordance with “public meeting” statutes. At the first regular meeting each year, the board shall elect, by majority vote, a chairperson and other such officers as necessary and appropriate. A quorum shall consist of three members.

Section 98C. Powers.  The board may promulgate such rules and regulations governing the licensure and practice of interior designers as may be necessary to promote public health, welfare, and safety; to grant licenses to qualified individuals and establish monitoring requirements for internships; to establish standards of professional and ethical conduct; to establish standards for continuing education reflecting acceptable national standards; and, to conduct inspections, review billing records, investigate and prosecute complaints, and set and administer monetary administrative penalties for fraudulent, deceptive, or professionally incompetent and unsafe practices, and for violations of rules and regulations promulgated by said board.  The board shall maintain records of its proceedings and a registry of all persons licensed by it, which shall be public records and open to inspection consistent with the Open Public Meeting Law, chapter 30A, sec11A et seq.

Every registered interior designer shall display his certificate of registration in a conspicuous place in the principle office of the interior designer. Every registered interior designer shall have a reproducible seal, or facsimile, the print of which shall contain the name of the interior designer, the license number, and the words "Registered Interior Designer Commonwealth of Massachusetts." The registered interior designer shall affix the signature, current date, date of license expiration and seal to all sheets of any bound set or loose sheets or to the cover of any bound project specifications of interior construction documents prepared by the registered interior designer or under that registered interior designer's direct supervision and control to be filed for public record with the individual state municipal building departments for the purposes of obtaining a building permit.  A registered interior designer shall not sign or seal drawings, specifications, reports or other professional work for which he does not have direct professional knowledge and direct supervisory control; provided, however, that in the case of portions of such professional work prepared by the registered interior designer’s consultants, registered under this or another portion of the professional registration laws of this jurisdiction, the registered interior designer may sign or seal that portion of the professional work if the registered interior designer has reviewed such portion, has coordinated its preparation, and intends to be responsible for its adequacy. For the purposes of this Section, “direct supervisory control” means the direct responsibility for supervision of the work and the decision making process, i.e., to review, enforce and control compliance with all design criteria and life safety requirements. No individual shall use a seal unless the individual at that time is then authorized as a registered interior designer, including all required renewals thereof.

SECTION 2.

Chapter 112 of the General Laws is hereby amended by adding the following section:

Chapter 112: Section 227. Definitions

Section 227. The following words as used in this section, unless the content clearly requires otherwise, shall have the following meanings:-

“Accredited school”, a degree-granting college or university accredited by a private educational association of regional or national scope. Said accrediting association shall be recognized by the Secretary of Education of the United States as a reliable authority as to the quality of education or training provided by institutions of higher learning. Accrediting associations shall include the Council for Interior Design Accreditation (formerly known as FIDER), and the National Association of Schools of Art and Design (NASAD). The National Council for Interior Design Qualification (NCIDQ) shall be the accepted professional association for examinations and standards for the profession of interior design.

“Board”, the Board of Registration of Interior Designers.

“Division”, the Division of Professional Licensure.

“Good moral character”, such character as will enable a person to discharge the duties of an interior designer to that person’s client and to the public in a manner that protects health, safety, and welfare. Evidence of inability to discharge such duties shall include commission of an offense justifying discipline under this chapter, the practice of interior design in violation of section sixty K or conviction of a felony; provided, that the board may consider evidence of reform.

The definition of Interior Design as defined by the Federal Government:

This series includes positions the duties of which are to perform, supervise, or manage work related to the design of interior environments in order to promote employee productivity, health, and welfare, and/or the health and welfare of the public. Typical duties include investigating, identifying, and documenting client needs; analyzing needs, proposing options and, working with the client, developing specific solutions; developing design documents, including contract working drawings and specifications; and, as appropriate, managing design projects performed in-house or by contract. The work requires applying knowledge from a variety of such fields as (a) interior construction (building systems and components, building codes, equipment, materials, and furnishings, working drawings and specification, codes and standards); (b) contracting (cost estimates, bid proposals, negotiations, contract awards, site visits during construction, pre- and post-occupancy evaluations); (c) facility operation (maintenance requirements, traffic patterns, security and fire protection); (d) aesthetics (sense of scale, proportion, and form; color, texture, and finishes; style and visual imagery); (e) psychology (privacy and enclosure;

effects of environmental components (color, texture, space, etc.) on mood, alertness, etc.); and, as appropriate, (f) management (design project and resource coordination).

“Interior design construction documents”, may include the designs, drawings, and specifications that establish the scope of the interior work to be constructed, the standard of quality of materials, workmanship, equipment, and construction systems/methods to be used, and the studies and other technical reports prepared in the course of the interior design performed.  Construction documents intended for the use in interior construction in the commonwealth shall be prepared and administered in accordance with General Law, the Massachusetts State Building Code, the Massachusetts Architectural Access Board, the Americans with Disabilities Act, and standards held within specific municipal building department jurisdictions.  Rules and regulations shall be promulgated by the division of professional licensure.

“Interior space”, that space within the building envelope, not including core enclosures and elements of mechanical, electrical, fire protection, structural systems, building egress, exit ways, and areas of refuge—interior design encompasses these and a licensed and/or registered interior designer should be able to incorporate these elements into design documents . They should not be under the “not including” section, but may include bathrooms and other habitable spaces within a building core enclosure.

“Life safety”, the analysis, development, interpretation, and review of space plans, interior construction systems or assemblies, materials, finishes, and furnishings, furniture and equipment selections for compliance with regulatory building code provisions which when applied collectively, provide comprehensive safety features to eliminate, reduce, or control life or health threatening situations in the interior environments of a proposed or given structure or building.

“Principal”, any person who has been or is the head of an organization practicing interior design.

“Registered Interior Designer” (RID), a person qualified by the completion of formal training and education at an accredited school, and who has successfully completed the NCIDQ examination and who is licensed by the board.

“Space Planning”, the translation of project or client requirements into a physical plan of space within the interior of a proposed or given structure or building, organizing major rooms, areas, furniture, fixtures and equipment, determining internal circulation systems/patterns, and the location of internal exit requirements; based on occupancy loads, assessments of life safety factors, universal access and the analysis of, and for compliance with state and local building codes.

SECTION 3.

Chapter 112: Section 227A. Registration; requirements.

A person practicing interior design and using the title “Registered Interior Designer.” (RID)” or “interior designer”, and who advertises or holds him or herself out as being engaged in the business of interior design may do so if they are licensed in accordance with chapter 112 by the Board of Registration of Interior Designers under the Division of Professional Licensure. Nothing in this section shall be construed to prevent qualified members of other professions or occupations from performing functions consistent with the accepted standards of their respective professions, provided, however, that they do not hold themselves out to the public by any title or description stating or implying that they are interior designers or are licensed to practice interior design. This section shall not apply to employees of the United States government or any bureau, division, or agency thereof while in the discharge of the employee’s official duties.

Section 227A.  Every person applying to the board for registration shall submit, with an original application, evidence of completion of an interior design program accredited by either the Council for Interior Design Accreditation or the National Association of Schools of Art and Design or equivalent as determined by the board. The applicant shall also provide satisfactory evidence to the board that he or she has successfully completed the examination administered by the NCIDQ.

Any applicant who has successfully completed the NCIDQ examination prior to the effective date of this act shall be eligible for licensure.

An applicant who is a licensed architect or architectural intern, and has completed the NCIDQ examination, shall be eligible for registration.

An applicant from another jurisdiction may be eligible for registration if the registration has been issued by a jurisdiction with substantially equivalent requirements to those in the Commonwealth; the applicant’s registration is current and in good standing within said jurisdiction, and the applicant has passed the NCIDQ examination.

Within twelve months after the first meeting of the Board, an applicant may apply for registration without having to fulfill the stipulations of  noted above if he or she  has completed at least 10 years of full-time, diversified, verifiable professional experience in interior design profession as defined in this act. Said applicant, upon review and consent of the board, may be issued a “Provisional Registration” and be given three calendar years from the first meeting of the board to provide substantial proof to the board of successful passage of “Section I” of the NCIDQ examination, at which time full registration will be granted.  If proof is not provided to the board within the allotted time period, said applicant’s “Provisional Registration” will be revoked and become null and void.  Re-application, including satisfaction of all requirements at the time of re-application, shall be required for registration.  During the time period of “Provisional Registration,” the provisional licensee is required to maintain all current fees and uphold all requirements of licensure and renewal until such time as the examination requirement is fulfilled.

Chapter 112; Section 227B. Application; Renewal; Re-Activation.

Each applicant for registration as an interior designer shall pay to the board, upon filing his or her original application a fee to be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. 

The director of the division of professional licensure shall determine the license cycle, renewal period, and reinstatement procedures for licenses. The board shall mail to every licensed interior designer a reminder of renewal six months before the expiration of their current certificate. Persons licensed in accordance with these sections shall apply to the board for renewal of their license on or before the expiration date, as determined by the director, unless such license was revoked, suspended, or cancelled earlier by the board as a result of a disciplinary proceeding instituted pursuant to this chapter. Applications for renewal shall be made in the manner approved by the director and accompanied by payment of a renewal fee, as prescribed by the executive office of administration and finance pursuant to section 3B of chapter 7.

Chapter 112; Section 227C. Display of license; seal.

Licensed interior designers shall display their certificate in a conspicuous place in their principle office.

Chapter 112; Section 227D. Complaints; enforcement.

Section 227D. The board shall conduct inspections and may investigate and prosecute all complaints filed relating to the proper practice of interior design, and violation of sections 227A through 227D of this chapter or any rule or regulation of said board. Such complaints may be brought by any person, or the board may initiate a complaint.

Chapter 112; Section 227E. Revocation, suspension or annulment of certificate; disciplining of registrant; grounds.

Section 227E. The board may revoke, suspend or annul the certificate of registration, or reprimand, censure or otherwise discipline a registrant, upon proof satisfactory to the board: (a) that the holder of such certificate of registration is practicing in the commonwealth in violation of any provision of sections 227A through 227E, or of any rule or regulation promulgated under authority thereof by the board; (b) that such certificate of registration was obtained by fraud or misrepresentation; (c) that the holder of such certificate has been guilty of fraud or deceit, or of gross negligence, incompetence or misconduct, in the practice of interior design; (d) that the holder of such certificate has affixed his or her seal or signature to plans, drawings, specifications, or other instruments of service which have not been prepared by him or her or in his or her office, or under his or her immediate and responsible direction, or has permitted his or her name to be used for the purpose of assisting any person, not an interior designer, to evade the provisions of this chapter. The board shall be empowered to issue an order directing a licensee to cease and desist from unethical or unprofessional conduct if the board finds, after the opportunity for a hearing, that the licensee has engaged in such conduct. Any person aggrieved by any disciplinary action taken by the board may, pursuant to section 64 of chapter 112, file a petition for judicial review.

Chapter 112; section 227F. Services in Practice of interior design.

Nothing in this section shall be deemed or construed to prevent or otherwise restrict:

(a)    the practice of architecture, the practice of structural engineering, and the practice of professional engineering by those licensed in accordance with General Law, or shall prevent the offering or preparation of environmental analysis feasibility studies, programming or construction management services by persons licensed or otherwise authorized within General Law;

(b)   or require the services of a licensed interior designer for the interior design of a single or two family residence whether detached or part of a multiple residence;

(c)    the employees of licensed interior designers or persons acting under their direction from carrying out their normal duties in the preparation of plans and specifications or in the administration of construction contracts;

(d)   a partnership or corporation from entering into agreements to perform, or holding itself out as able to perform, any of the services involved in the practice of interior design; provided, that any agreement to perform such services shall be executed on behalf of the individual, partnership or corporation by the partner or partners, or by the officer or officers who shall be the licensed interior designer, licensed architect, or licensed professional engineer exercising professional and supervisory control over the particular services contracted for by the individual, partnership or corporation, and provided, further, that any partnership or corporation holding itself out, as able to perform any of the services involved in the practice of interior design and having a place of business in the Commonwealth, and of which a majority of the partners of such partnership or officers of such corporation are licensed interior designers or licensed architects, may execute any such agreement by any duly authorized partner of such partnership or by any duly authorized officer of such corporation whether such duly authorized partner or officer is, or is not a licensed interior designer or a licensed architect, provided that a licensed interior designer or licensed architect who is such a partner or such an officer shall exercise professional and supervisory control over the particular services contracted for by the partnership or corporation;

(e)    the draftspersons, students, project representatives, and the employees of those lawfully practicing as licensed interior designers, licensed architects, or licensed professional engineers, from acting under the direct supervision and control of their employers, or to prevent the employment of project representatives for modification, enlargement, or alteration of the interior space of building or any parts thereof, or prevent such project representatives from acting under the direct supervision and control of the licensed interior designer, licensed architect or licensed professional engineer by whom the interior construction documents of any such interior space of a building, modification or alteration thereof were prepared.