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

Section 227.

(A)          As used in this section, the following words shall, unless the content clearly requires otherwise, have the following meanings:

(a)     “Board” refers to the new Board of Registration of Interior Designers.

(b)     “Registered Interior Designer” is a “registered design professional” who is qualified by education, experience and examination to affect the function, safety and quality of interior spaces and who is a person registered under the laws of this Commonwealth to practice the profession of interior design.  The criteria by which education, experience and examination shall be held will be based upon the following standards set forth below:

(c)     "Interior Design" is defined under this Section as the provision of professional services for the purpose of creating an interior space that satisfies the wellbeing, life safety, functional and aesthetic requirements of a client, end-user, or member of the general public within that interior space. These services shall include but not be limited to elements of programming, space planning, pre-design analysis, conceptual design, consultations, studies, drawings, creation of budgets and schedules of time and values, selection and specification of finishes,  materials, furnishings, furniture and equipment, design of non-load-bearing interior partitions, assembly of interior construction documentation, specifications and location of lighting fixtures and ceiling systems, designs consistent with American’s with Disabilities Act (ADA),  life safety and building code review, analysis and interpretation of building system parameters, project management, administration of contracts for fabrication, construction, procurement, installation, and implementation of interior design projects within a proposed or given structure, building, addition, alteration, restoration thereof.  “Interior Design” includes the collaboration in the completion of a project for the alteration or construction of an interior area of a structure designed for human habitation or occupancy with professional engineers or architects who are registered pursuant to the provisions of General Law but specifically excludes the provision of any services related to the modification, alterations, design, specification, or implementation of mechanical, electrical, structural, plumbing engineering and fire protection engineering, alterations to the exterior envelope that may affect its structural or thermal integrity, alterations to core enclosures that may affect a structure's fire rating, alteration to building exterior entry ingress/egress conditions, areas of refuge, public entry doors or gates and their associated hardware: but specifically not excluding ingress/egress analysis and resolution within the interior space of the building.

(d)   "Interior Construction Documents" are defined under this Section as 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, and the studies and other technical reports prepared in the course of interior design. All 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 American's with Disabilities Act, and standards held within specific municipal building department jurisdictions. Documentation for interior design projects, as defined under this act, and requiring a building permit, as defined under General Law are to be clearly labeled as Interior Design Projects, and will be stamped by a registered interior designer, registered architect or registered professional engineer.

 (e)  "Space Planning" is defined under this Section as 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.

(f)    "Life Safety" as it pertains to an interior design project is defined under this Section as 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.

(g)   "Interior Space" is defined under this Section as space within the building envelope, not including core enclosures and elements of mechanical, electrical, fire protection, structural systems, building egress, exitways, and areas of refuge, but may include bathrooms and other habitable spaces within a building core enclosure.

(B)                (a)   Applicant shall be of good moral character defined as meaning 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. In addition, the board may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as an absolute bar to qualification for examination for licensure or registration.

(b)     Applicant shall provide substantial evidence to the board that the applicant is a graduate of a professional degree interior design education from an institution accredited by the Foundation for Interior Design Education and Research (FIDER), National Association of Schools of Art and Design (NASAD) or equivalent as determined by the Board, and,

(c)     Applicant shall provide substantial evidence to the board that the applicant has completed the Interior Design Experience Program (IDEP) as administered by the National Council for Interior Design Qualification (NCIDQ), or its equivalent as determined by the board, and,

(d)     Applicant shall provide substantial evidence to the board that he or she has successfully completed the examination administered by the NCIDQ or its equivalent, as determined by the board.

(e)     An applicant who has successfully completed the NCIDQ examination prior to the effective date of this Act shall be eligible for registration without having to fulfill the stipulations of Paragraphs (b) and (c).

(f)      An applicant who is a registered architect or architectural intern, and has completed the NCIDQ examination, shall be eligible for registration without having to fulfill the stipulations of Paragraphs (b) and (c).

(g)   Within twelve months after the first meeting of the Board, an applicant may apply for registration without having to fulfill the stipulations of Paragraphs (b), (c), (d), (e) or (f) if he has completed at least 10 years of full-time, diversified, verifiable professional experience in interior design service 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.

(h)   An applicant may apply for registration if he is legally registered as an interior designer in any other state or country whose requirements for registration are substantially equivalent or greater to the requirements of this commonwealth. Registration may be issued upon review and consent of the board.

(C)                (a)   Nothing in this Section shall be deemed or construed to prevent or otherwise restrict 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)   Nothing in this Section shall permit a registered interior designer as defined under this Section to practice architecture under General Law unless said individual meets the requirements of the architectural provisions of General Law.

 (c)  Nothing in this Section shall prevent the draftspersons, students, project representatives and the employees of those lawfully practicing as registered interior designers, registered architects or registered professional engineers under the provisions of this Section, 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 registered interior designer, registered architect or registered professional engineer by whom the interior construction documents of any such interior space of a building, modification or alteration thereof were prepared.

(d)   Nothing in this Section shall be construed as requiring the services of a registered interior designer for the interior design of a single or two family residence whether detached or part of a multiple residence.

(e)   No individual shall, without registration as an interior designer issued by the board, in any manner practice interior design unless specifically noted in this act, or hold himself out to the public as a registered interior designer or attach the title "registered interior designer", or any other name or designation which would in any way imply that he is able to use the title "registered interior designer" as defined by this Section.

(f)    A person represents himself to be a "registered interior designer" within the meaning of this Section if he holds himself out to the public by any title incorporating the words "registered interior design" or any other name or designation which would in any way imply that he is able to use the title "registered interior designer" as defined in this Section.

(g)   This Section does not apply to any individual, partnership, or corporation that performs retail installation or delivery services pursuant to selling, selecting, or assisting in selecting personal property used in connection with furnishing of interior spaces or fixtures such as, but not limited to, furnishings, decorative accessories, furniture, paint, wall coverings, window treatments, floor coverings, surface mounted lighting, or decorative materials; or an individual, partnership, or corporation that installs or coordinates installations as a part of the prospective retail sale, or provides computer-aided or other drawing for the purpose of retail sale, provided those drawings are used for material lists for a person who designs such personal property or fixtures within a showroom.

(h)   Nothing in this Section shall be construed to prevent an individual, 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 registered interior designer, registered architect, or registered 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 registered interior designers or registered 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 registered interior designer or a registered architect, provided that a registered interior designer or registered 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.

(D)          There shall be a board of registration for interior design, consisting of five members to be appointed by the governor. Of the five members appointed by the governor from a list of nominees prepared by a committee of registered interior designers, with the exception of the initial nominating committee who shall be interior designers qualified for registration;

(a)     four members shall hold valid registrations pursuant to this Section, with the exception of the initial  four members appointed who are not required to have previously passed the NCIDQ examination, and said members shall represent the profession of interior design on a diverse specialty and geographic basis within the commonwealth;

(b)      at least one of the above four members shall be a professional educator, who teaches in a professional interior design college or university level FIDER or NASAD accredited interior design program or its equivalent as determined by the Board;

(c)     and one member shall represent the general public, as well as not be a current client or potential client of any current Board members, and shall be qualified pursuant to General Law.

(d)     With the exception of the initial board, the term of each appointment shall be for four years on a staggered basis.  Upon expiration of their terms, the members of said board shall continue to hold office until the appointment and qualification of their successors. In the event of a vacancy, the governor shall appoint a member to serve the unexpired term of the vacant seat.  The initial Board appointments shall be as follows:

-          one member shall be appointed for one year

-          one member shall be appointed for two years

-          one member shall be appointed for three years

-          two members, including the public member, shall be appointed for four years

(e)     After the initial appointments, no board member, except the representative of the general public, may be exempted of any requirements of registration.

(E)           The board shall hold at least two regular meetings each year for the purposes of performing its duties pursuant to this chapter, and may hold special meetings as required. Time, place and notice of all meetings shall be as required by rules or by-laws determined by the board. At the first regular meeting each year, the board shall organize and choose from its own members, a chairman, a vice-chairman and a secretary and an official NCIDQ delegate. In the absence or disability of the chairman, the vice-chairman shall be authorized to act on his behalf. The secretary shall be responsible for keeping a true and complete record of all proceedings. A quorum shall consist of three members.

(a)     The governor may, upon bone fide complaint and good cause shown, after ten days written notice to any member against whom charges may be filed, and after ten days written notice to any member against whom charges may be filed, and after an opportunity for hearing, remove any member of said board for incapacity, neglect of duty, or malfeasance in office. The failure of a board member to attend at least one-half of the regular, scheduled meetings of said board within a twelve-month period shall constitute neglect of duty for purposes of this decisions made in good faith while serving as a member of said board.

(b)     Said board shall maintain an official roster showing the names, license numbers and the address of all interior designers in good standing registered pursuant to General Law. Said roster shall be open to the public for inspection and information.

(c)     Each member of the board shall receive the same per diem, travel, and expense allowance as is paid by law to state employees for the time spent in the performance of his duties and in necessary travel.

(d)     The chair of said board may appoint a full-time or part-time executive director or administrative assistant to the board, with the consent of the majority of the members of the board. The executive director or administrative assistant shall serve at the pleasure of the board.  The executive director or administrative assistant's salary shall be set by the board, and he shall be the executive officer of the board, but may not be a member of the board.  The board, by majority vote of its members, may employ additional persons, who shall serve at the pleasure of the board, to assist the board and the executive director or administrative assistant in the keeping of the records and in the performance of its duties, subject to available funding.

(e)     The board may adopt only rules or regulations that are consistent with General Law, as may be necessary to carry out the duties and authorities conferred upon the board. These may include but not be limited to:

1.        Administering and enforcing provisions of the Section.

2.        Adopting regulations to carry out policies of the Section.

3.        Setting registration fees as provided in Subsection (G).

4.        Establishing continuing education requirements for registration renewal as in Paragraph (b) of Subsection (I).

5.        Adopting a common seal.

6.        Adopting requirements for monitored internship.

7.        Adopting a code of ethics. (This may be referred to as standards of professional conduct.)

8.        Assessing monetary administrative penalties for violations of the statutes and/or the rules that they regulate.

(f)      The board shall provide access to persons with physical, mental or developmental disability to the board’s programs and activities.

(F)                 (a)   Except as otherwise provided in this Section, each applicant for certificate of registration as an interior designer shall apply to the board on such forms and in such manner as said board may prescribe.

(b)     An original certificate of registration issued by the board shall be valid from the date of issuance until the last of December next succeeding the date upon which said certificate of registration was issued, unless said certificate of registration shall have been revoked or suspended for cause as provided in Subsection (J).

(G)                  A fee determined pursuant to the provisions of General Law, shall be paid to the board for original certificate of registration, the renewal of a certificate of registration, certificate of registration activation and for examinations conducted by said board. Said fees shall be established at a level sufficient to support the direct and indirect operating costs of said board.

(H)                (a)   The board shall issue a license to any applicant for interior design registration that complies with said requirements and shall enter on the official roster maintained by the board registration information as required by law and as the board may establish. Said registration shall authorize such person to use the title of and be known as a registered interior designer. Each registered person shall secure a seal that identifies such person as a registered interior designer in the commonwealth; provided, however, the registered interior designer's contract documents shall contain a statement that the documents are interior construction drawings, specifications or designs and are not to be used for construction of any load-bearing columns, load-bearing framing, or load bearing walls or structures. Drawings, renderings, or specifications prepared by said registered interior designer or under supervision thereof shall be imprinted with said seal.

(b)     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.

(c)     When the registration of a registered interior designer has been revoked or suspended by the board, the registered interior designer shall surrender his seal to the secretary of the board within a period of thirty days after the revocation or suspension has become effective.  If the registration of the registered interior designer has been suspended for a period of time, his seal shall be returned upon expiration of the suspension period.

(I)                  (a)   Certificates of registration shall be renewed during the month of December and shall be valid for two years upon the submission of a renewal application on a form prescribed by the board and accompanied by the fee established by the board.

(b)     No registration shall be renewed by the board until a person submits proof satisfactory to the board that said person participated in not less than five hours per year of continuing education for each year an expiring registration was valid. The board shall approve only continuing education for each year an expiring registration was valid. The board shall approve only those continuing education programs that build upon the basic knowledge of interior design as defined and approved by IDCEC (Interior Design Continuing Education Council) or its equivalent as determined by the board. Furthermore, of the 5 hours per year of continuing education, a minimum of 1.5 hours shall be related to the protection of the health and safety of the public as determined by IDEC or its equivalent as determined by the board.   The board may make exceptions to the requirements for continuing education in emergency or hardship cases. The board may from time to time reexamine the number of hours of Continuing Education Units (CEUs) per year that are required for registration renewal.

(c)     A person whose registration has expired through failure to be renewed pursuant to this section may obtain a renewal of such registration at any time within one year from the date of expiration upon application to and approval of the board. The time for renewal of such expired registration may be extended at the discretion of the board, and the board may at its discretion approve an application for reactivation of an expired registration. The continuing education requirement for reactivating an expired registration pursuant to this paragraph shall not exceed five hours for each year the registration was inactive.

(d)     A registration which has been inactive for more that four years shall automatically expire and become null and void without any further action by the board if a person has not made application for reactivation of said registration. One year prior to such automatic expiration the board shall give notice to such person at the registrant's last address of record.

(e)     An application for reactivation of a registration shall be on a form prescribed by said board and accompanied by a fee established pursuant to the provisions of General Law.

(J)                 The board shall have disciplinary power to revoke, suspend, refuse to issue or renew, fine or annul any registration or impose civil penalty for each violation provided that there is satisfactory proof to the board that one or more of the following violations has occurred.

1.        the registration, or any renewal thereof, was obtained by fraud, misstatement or misrepresentation of fact.

2.        a registered person, or an applicant, has committed acts of fraud or deceit in their professional conduct, or has been convicted of a felony by a court of law.

3.        a registered person, or applicant, has been found by the board to have performed interior design services in a manner which constituted gross negligence, incompetence or misconduct.

4.        an applicant has represented himself to be a registered interior designer prior to the time of issuance of the registration to him, except as authorized by this Section.

5.        a registered person, or applicant, has been found by the board to have aided and abetted any person not registered pursuant to this chapter in violating any provisions of this Section.

6.        a registered person or applicant has failed to report unlicensed persons violating any portion of the section to the board.

7.        a registrant has failed to comply with the requirements of this chapter or with any rule, regulation or order of the board issued pursuant to authority granted by this chapter thirteen of the General Laws.

The board shall not revoke, suspend or refuse to issue or renew any registration under the provisions or this section without first giving the applicant of the holder of such registration an opportunity to appear and be heard by the board before any action is taken except as otherwise may be provide by law.

(K)          Whoever violates any provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount as set by the board for each offense, and each and every day of violation of this Section as set forth shall constitute a separate offense.

(a)     The board may refuse to issue or may revoke a certificate of registration and/or authorization as a registered interior designer, suspend a certificate of registrations or authorization as a registered interior designer for a peroiod of time, issue a private or public reprimand to an individual possessing a certificate of registration or authorization as a registered interior desinger, and assess and collect administrative fines  in an amount as set by the board for violations of this Section.  In addition to the foregoing, the board may institute any legal proceedings necessary to enforce this Section.

(b)     The use of the title "registered interior designer" is reserved for those who are registered within the commonwealth. Any use of the term "registered interior designer" by any persons within the title of a profession or business or any preparation of plans and specifications or execution of tasks identified as interior design services for a fee or other direct compensation is prohibited without first having complied with the provisions of this Section.

(c)      The penalties provided by this Section are in addition to any other penalties provided by General Law.

(L)           If any portion of this General Law is found unconstitutional, only that subsection or portion found in vioaltion shall be stricken.