Minnesota Legislature
SF 1274
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:54am
Current Version - as introduced
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A bill for an act
relating to occupations; establishing licensing of interior designers; amending
Minnesota Statutes 2010, section 326.02, subdivision 4b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 326.02, subdivision 4b, is amended to read:
Subd. 4b.
deleted text begin Certifieddeleted text end new text begin Licensednew text end interior designer.
(a) For the purposes of sections
326.02 to 326.15, "deleted text begin certifieddeleted text end new text begin licensednew text end interior designer" means a person who is deleted text begin certifieddeleted text end new text begin
licensednew text end under section 326.10, to use the title deleted text begin certifieddeleted text end new text begin licensednew text end interior designer and who
provides services in connection with thenew text begin planning andnew text end design of deleted text begin publicdeleted text end interior spaces,
includingnew text begin analysis of a client's needs and goals for an interior area of a structure designed
for human habitation or occupancy; space planning; andnew text end preparation of documentsnew text begin
including drawings, plans, and reportsnew text end relative to non-load-bearing interior construction,
deleted text begin space planning,deleted text end new text begin including specifications for partitions,new text end deleted text begin finishdeleted text end materials, deleted text begin and furnishingsdeleted text end new text begin
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 barsnew text end .
(b) deleted text begin 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.deleted text end new text begin Nothing contained in sections 326.02 to 326.15 concerning the practice of
licensed interior design applies to:
new text end
new text begin
(1) exempt building components or classes of buildings enumerated in sections
326.02, subdivision 5, and 326.03, subdivision 2, clauses (a) to (d);
new text end
new text begin
(2) an architect or engineer licensed under the laws of this state;
new text end
new text begin
(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;
new text end
new text begin
(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
new text end
new text begin
(5) a residential designer, including a kitchen or bath designer, working within
the interiors of exempt spaces.
new text end
new text begin
(c) No person may use the title "licensed interior designer" 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.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Nothing in this section prohibits the use of the title interior designer or the
term interior design by persons not deleted text begin certifieddeleted text end new text begin licensednew text end by the board.
deleted text begin
(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.
deleted text end
new text begin
(e) The practice of licensed interior design does not include the design of:
new text end
new text begin
(1) load-bearing walls;
new text end
new text begin
(2) fire-rated interior shafts in multistory buildings;
new text end
new text begin
(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;
new text end
new text begin
(4) smoke control systems;
new text end
new text begin
(5) sprinkler and fire alarm systems;
new text end
new text begin
(6) ventilation systems relative to heating, ventilating, and air conditioning; and
new text end
new text begin
(7) elevators, escalators, and stairways.
new text end
new text begin
(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).
new text end
deleted text begin (e) Nothing in this section authorizes certifieddeleted text end new text begin (g) Licensednew text end interior deleted text begin designers to
engage indeleted text end new text begin design is notnew text end the practice of architecture deleted text begin as defined in subdivision 2deleted text end or the
practice of engineering deleted text begin as defined in subdivision 3deleted text end .
Sec. 2. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
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.
new text end