Minnesota Legislature
SF 2591
as introduced - 86th Legislature (2009 - 2010) Posted on 02/11/2010 02:55pm
Current Version - as introduced
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A bill for an act
relating to occupational licensing; changing certification for interior designers
to licensing requirements; amending Minnesota Statutes 2008, section 326.02,
subdivision 4b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 326.02, subdivision 4b, is amended to read:
Subd. 4b.
deleted text begin Certifieddeleted text end new text begin Practice of licensednew text end interior deleted text begin designerdeleted text end new text begin designnew text end .
(a) deleted text begin For the
purposesdeleted text end new text begin Any person shall be deemed to be practicing licensed interior design within the
meaning new text end of sections 326.02 to 326.15, deleted text begin "certified interior designer" means a person who is
certified under section 326.10, to use the title certified interior designer and who provides
servicesdeleted text end new text begin who holds out as being able to perform or does perform any professional servicenew text end
in connection with the new text begin planning or new text end design of deleted text begin publicdeleted text end interior spaces, including preparation
of documents relative to non-load-bearing interior construction, space planning, deleted text begin finishdeleted text end new text begin
finishes,new text end materials, and furnishingsnew text begin , or administration of construction for interior spaces
where the safeguarding of the occupant's life, health, safety, welfare, or property is
concerned or involved. For the purposes of this paragraph, the following terms have
the meanings given themnew text end .
new text begin
(1) "Administration" means a professional service as distinguished from
superintending of construction and 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.
new text end
new text begin
(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 it may support loads attached to
it such as cabinetry, shelving, or grab bars.
new text end
new text begin
(b) 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 subdivision 5
and section 326.03, subdivision 2, paragraphs (a) to (d);
new text end
new text begin
(2) an architect 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; or
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, and loose furnishings for the interiors of exempt buildings
as described in section 326.03.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end No person may use the title deleted text begin certifieddeleted text end new text begin licensednew text end interior designer deleted text begin 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 designerdeleted text end new text begin 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 326.15new 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
(e) Nothing in this section authorizes deleted text begin certifieddeleted text end new text begin licensednew text end interior designers to engage
in the practice of architecture as defined in subdivision 2 or the practice of engineering as
defined in subdivision 3.
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 when
referring to licensed interior design regulated under Minnesota Statutes, chapter 326.
new text end