HF 1052

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2013 11:45am

A bill for an act
relating to occupations; establishing licensing of interior designers; amending
Minnesota Statutes 2012, section 326.02, subdivision 4b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 326.02, subdivision 4b, is amended to read:

Subd. 4b.

Certified Licensed interior designer.

(a) For the purposes of sections
326.02 to 326.15, "certified licensed interior designer" means a person who is certified
licensed under section 326.10, to use the title certified licensed interior designer and who
provides services in connection with the planning and design of public interior spaces,
including analysis of a client's needs and goals for an interior area of a structure designed
for human habitation or occupancy; space planning; and preparation of documents
including drawings, plans, and reports relative to non-load-bearing interior construction,
space planning, including specifications for partitions, finish materials, and furnishings
finishes, furniture, fixtures, and equipment. Licensed interior designers prepare documents
for the purpose of permitting, prepare and administer bids or contracts as the agent of a
client, and provide construction administration services. Licensed interior designers may
hire other licensed design professionals as consultants in a contractually independent
relationship to complete work relative to the consultant's scope of work. For the purposes
of this paragraph, (1) "administration" means a professional service as distinguished
from superintending of construction and also means the performance of reasonable and
ordinary on-site observations to determine that the interior construction substantially
complies with the approved drawings, plans, and specifications, and (2) "non-load-bearing
interior construction" means an interior element or component that does not require
design computations for a building's structure and does not support a vertical load of a
structure other than its own weight, but that may support loads attached to it such as
cabinetry, shelving, or grab bars.

(b) No person may use the title certified interior designer unless that person has been
certified as an interior designer or has been exempted by the board. Registered architects
may be certified without additional testing. Persons represent themselves to the public as
certified interior designers if they use a title that incorporates the words certified interior
designer. Nothing contained in sections 326.02 to 326.15 concerning the practice of
licensed interior design applies to:

(1) exempt building components or classes of buildings enumerated in sections
326.02, subdivision 5, and 326.03, subdivision 2, clauses (a) to (d);

(2) an architect, landscape architect, or engineer licensed under the laws of this state;

(3) an employee or owner of a retail establishment providing consultation in the
furtherance of a retail sale or prospective retail sale regarding interior finishes, furnishings,
or cabinetry on behalf of the retail establishment;

(4) a person who provides services or assistance in selection, sale, lease, or
supply of surface materials, window treatments, wall coverings, paint, floor coverings,
surface-mounted fixtures, displays, and loose furnishings for the interiors of buildings as
described in section 326.03; or

(5) a residential designer, including a kitchen or bath designer, working within
the interiors of exempt spaces.

(c) No person may use the title "licensed interior designer," "LID," or any title
or device indicating or representing that the person is a licensed interior designer or is
practicing licensed interior design unless the person has been licensed under the provisions
of sections 326.02 to 326.15.

(c) (d) Nothing in this section prohibits the use of the title interior designer or the
term interior design by persons not certified licensed by the board.

(d) Nothing in this section restricts persons not certified by the board from providing
interior design services and from saying that they provide such services, as long as they do
not use the title certified interior designer.

(e) The practice of licensed interior design does not include the design of:

(1) load-bearing walls;

(2) fire-rated interior shafts in multistory buildings;

(3) interior exit stairways and location of doors that exit occupants from the building
that comprise the exit discharge; however, licensed interior designers can design or modify
those portions of the means of egress that comprise the exit access, as defined by the
International Building Code, as adopted by the Minnesota State Building Code;

(4) smoke control systems;

(5) sprinkler and fire alarm systems;

(6) ventilation systems relative to heating, ventilating, and air conditioning; and

(7) elevators, escalators, and stairways.

(f) Licensed interior design does include the design and specification of elements
relative to materials, finishes, and fixtures in the interior spaces described in paragraph (e),
and the specification and location of elements commonly indicated on a reflected ceiling
plan relative to the design of interior spaces noted in subdivision 4, clause (e).

(e) Nothing in this section authorizes certified (g) Licensed interior designers to
engage in design is not the practice of architecture as defined in subdivision 2, landscape
architecture, or the practice of engineering as defined in subdivision 3.

Sec. 2. EXCEPTION FOR CERTAIN ESTABLISHED APPLICANTS.

For applications for licensure received up to one year after the effective date
of section 1, the Board of Architecture, Engineering, Land Surveying, Landscape
Architecture, Geoscience, and Interior Design shall issue a certificate of licensure as a
licensed interior designer to any applicant submitting evidence to the board of a current
certificate in good standing for certified interior designer. Applicants seeking licensure
under this exemption must pay a onetime fee of $150.

Sec. 3. REVISOR'S INSTRUCTION.

(a) The revisor of statutes shall change the term "certified" or similar terms to
"licensed" or similar terms wherever they appear in Minnesota Statutes and Minnesota
Rules, where it is clear by its context that the terms refer to licensed interior design
regulated under Minnesota Statutes, chapter 326. The revisor shall make changes
consistent with this act, and consistent with the licensed practices under Minnesota
Statutes, chapter 326, to replace references to the title of certified interior design to
the practice of licensed interior design. The Board of Architecture, Engineering, Land
Surveying, Landscape Architecture, Geoscience, and Interior Design shall assist the revisor
in making these changes, if needed. The revisor may make changes necessary to correct
the punctuation, grammar, or structure of the remaining text and preserve its meaning.

(b) In each section of Minnesota Statutes or Minnesota Rules referred to in column
A, the revisor of statutes shall delete the reference in column B and insert the reference
in column C.

Column A	Column B	Column C
326.03, subd. 4	"architect, engineer, land surveyor, landscape architect, or geoscientist"	"architect, engineer, land surveyor, landscape architect, licensed interior designer, or geoscientist"
1800.0900, subp. 6	"architect or engineer"	"architect, engineer, or interior designer"
1800.4200, subp. 3	"applicants as an architect, a professional engineer, a land surveyor, landscape architect, professional geologist, or professional soil scientist"	"the following applicants: architect, professional engineer, land surveyor, landscape architect, licensed interior designer, professional geologist, and professional soil scientist"
1800.4300	"licensed architect, licensed professional engineer, licensed land surveyor, licensed professional landscape architect, licensed professional geologist, or licensed professional soil scientist"	"licensed architect, licensed professional engineer, licensed land surveyor, licensed professional landscape architect, licensed interior designer, licensed professional geologist, or licensed professional soil scientist"
1800.5200	"architect or engineer"	"architect, interior designer, or engineer"
1800.5400	"licensed architect or engineer"	"licensed architect, licensed interior designer, or engineer"