A BILL
(as of 1/29/2008)
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 83 TO TITLE 40 SO AS TO ENACT THE "REGISTERED INTERIOR DESIGNER PRACTICE ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO REQUIRE A PERSON RENDERING AN INTERIOR DESIGN SERVICE TO REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO PROVIDE REQUIREMENTS FOR REGISTRATION AND RENEWAL OF REGISTRATION; AND TO FURTHER PROVIDE FOR THE REGISTRATION AND REGULATION OF INTERIOR DESIGNERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
CHAPTER 83.
Registered Interior Designers
SECTION 40‑83‑5. Applicability of professional licensing statutes.
Unless otherwise provided in this chapter, Article 1, Chapter 1 applies to interior designers; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
SECTION 40‑83‑10. Board of Registered Interior Designers Examiners created.
(A) There is created the Board of Registered Interior Designers Examiners (Board) under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to regulate the practice of interior design in South Carolina.
(B) The Board consists of six persons. One must be a professor of interior design at a university or college in the state of South Carolina who is a professional member of the Interior Design Educators Council or anNCIDQ certificate holder. Four must be Interior Designers who hold a current NCIDQ certificate, who are engaged in the practice of interior design in this State, one of whom must be experienced in the practice of commercial interior design and one of whom must be experienced in the practice of residential interior design. One must be a representative of the general public. Members serve terms of five years and until their successors are appointed and qualify. No member may serve more than two consecutive full terms, except the professor of interior design member. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(C) Nominations for appointment to the board may be submitted to the Governor from the board or any individual, group, or association.
SECTION 40‑83‑20. Definitions.
(1) Board means the Board of Registered Interior Designers Examiners
(2) 'CEU' means a continuing education unit that equals one contact hour of education as approved by IDCEC. A unit must be filed with the NCIDQ if the unit is used to satisfy NCIDQ requirements to maintain a current NCIDQ Certificate.
(3) ‘CIDA’ means the Council for Interior Design Accreditation
(4) 'Construction document' means a working drawing that defines the work to be constructed. A construction document includes a plan for space planning, a partition, power and communications, a reflected ceiling, a material, a finish, a furniture layout, an elevation, section, or detail, or a related drawing supplied by an associated consultant.
(5) 'Contract documents' means a document that forms part of the legal contract for services between multiple parties. A contract document typically includes detailed instructions to the contractor, tender forms, construction documents, and specifications.
(6) 'Department' means the Department of Labor, Licensing and Regulation.
(7) “Emeritus registered interior designer” means an interior designer who has been registered for ten consecutive years or longer and who is sixty‑five years of age or older and who has retired from active business.
(8) “Firm” means a business entity functioning as a partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, or other firm association which engages in interior design services.
(9) ‘IDCEC’ means the Interior Design Continuing Education Council
(10) 'Interior design service' includes, but is not limited to:
(a) providing a design, consultation, study, drawing, specification, or the administration of design construction contract relating to a nonstructural interior element of a building or structure; and
(b) providing a space planning service, finishes, furnishings, or the design for fabrication of a nonstructural element within and surrounding an interior space of a building.
(11) An interior design service specifically excludes the:
(a) designing or being responsible for architectural and engineering work except for a specification for a fixture and its location within an interior space; and
(b) constructing a structural, mechanical, plumbing, heating, air conditioning, ventilation, vertical transportation, or electrical system; a fire-rated vertical shaft in a multi-story structure; the fire-related protection of a structural element; smoke evacuation and compartmentalization; an emergency sprinkler system, or an emergency alarm system.
(12) 'NCIDQ' means the National Council for Interior Design Qualification.
(13) 'Nonstructural' or 'nonseismic' interior element or component:
(a) means an interior element or component that employs normal and typical bracing conventions, is not load-bearing, is not part of the structural integrity of a building, does not assist in the seismic design of a building, and does not require a design computation for the structure of a building;
(b) Includes, but is not limited to, a ceiling partition system; and
(c) Specifically excludes the structural frame system that supports a building.
(14) Professional degree” means the successful completion of a National CIDA Board accredited degree in interior design or an Interior Design program determined by the board to be substantially equivalent to such an accredited program.
(15) 'Reflected ceiling plan' means a design illustrating a ceiling that appears projected downward and may include lighting or another element.
(16) 'Registered interior designer' means an interior designer registered pursuant to this chapter and professionally qualified by education, experience, and examination to affect the function, safety, and quality of an interior space.
(17) 'Responsible supervisory control' means the direct responsibility for supervising work and the decision making process, including the review, control, and enforcement of compliance with design criteria and a life safety requirement. A person with responsible supervisory control may be physically located in a place other than the interior designer's office if he maintains control of the work.
(18) 'Space planning' means to analyze the design of a spatial or occupancy requirement including, but not limited to, a space layout or final plan.
(19) 'Specification' means the detailed, written description of construction, workmanship, and materials of work to be undertaken.
(20) “Retired from active practice” means not engaging or offering to engage in the business of interior design services as defined in this section.
Section 40-83-30. In order to safeguard public health, welfare, safety and property and to promote public good, any person practicing or offering to practice interior design, privately or in public service, shall be required to submit evidence that he is qualified to practice and shall become registered as hereinafter provided It shall be unlawful for any person to practice interior design or to use the term or title “Registered Interior Designer” unless duly licensed under the provisions of this chapter unless otherwise exempted from coverage by this chapter.
A person who renders an interior design service or identifies himself as a registered interior designer must be registered pursuant to this chapter either before July 1, 2011 or two years following the establishment of the board, whichever comes later.
Section 40-83-40. (A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40‑1‑50. Such a board must be appointed and operational not more than twelve months after enactment of this chapter.
(B) A registered interior designer must biennially renew his registration by submitting to the department a completed renewal form provided by the department, documentation indicating satisfaction of continuing education requirements, and a fee of at least $300 prescribed by the department in a regulation.
(C) Fees for examination, licensure, renewal, and other assessments must be established by the board in regulation. Applicants must be notified of the fee amount before payment.
SECTION 40‑83‑50. Adoption of rules governing board proceedings; officers; promulgation of regulations; seal.
The board may adopt rules governing its proceedings and shall elect a chairman, vice‑chairman, and secretary who shall serve a term of one year. The board may promulgate regulations necessary to carry out the provisions of this chapter and shall adopt a seal with which all its official documents must be sealed.
SECTION 40‑83‑60. Council meetings; officers; quorum.
The council shall hold at least two regular meetings each year. Special meetings may be held as the bylaws of the council provide. The council shall elect annually a chairman, a vice chairman and a secretary. A quorum of the council shall consist of three members.
SECTION 40‑83‑70. Powers of board.
The department shall have the following powers:
(a) To adopt and amend bylaws, rules of procedure and regulations to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions consistent with the Constitution and laws of this State or this chapter which may be reasonably necessary for the performance of its duties and the regulation of its proceedings, meetings, records, examinations and the conduct thereof, and to adopt and promulgate a code of ethics which shall be binding upon all persons registered under or subject to this chapter.
(b) To affix its official seal to each numbered certificate or license issued.
(c) To apply in the name of the state for relief by injunction to enforce the provisions of this chapter or to restrain any violation thereof. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof. The members of the department shall not be personally liable under this proceeding.
SECTION 40‑83‑80. Additional powers and duties of board.
In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40‑1‑70.
SECTION 40‑83‑90. Investigation of fitness to practice or complaint charging violation; power of board to issue subpoenas, administer oaths, etc.
(A) If the director of the Department of Labor, Licensing and Regulation or the board has reason to believe that an individual or firm has become unfit to engage in the practice of interior design or has violated a provision of this chapter or a regulation promulgated under this chapter or if an individual files a written complaint with the board or the director of the Department of Labor, Licensing and Regulation, charging an individual or firm with the violation of a provision of this chapter or a regulation promulgated under this chapter, the director or board may initiate an investigation.
(B) The board or a member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter.
SECTION 40‑83‑100. Hearing.
Any hearing that is conducted as a result of an investigation must be conducted in accordance with Section 40‑1‑90.
SECTION 40‑83‑110. Enjoining violations of chapter.
In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40‑1‑100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
SECTION 40‑83‑120. Restriction of authorization to practice.
The board may cancel, fine, suspend, revoke, or restrict the authorization to practice interior design of an individual who has had a license to practice a profession or occupation regulated under Title 40 canceled, revoked, or suspended or who has otherwise been disciplined.
SECTION 40‑83‑130. Jurisdiction over actions of licensees.
The board has jurisdiction over the actions of licensees and former licensees as provided in Section 40‑1‑115.
SECTION 40‑83‑140. Fines; public knowledge of finding of guilt.
(A) The board may impose a civil fine of up to two thousand dollars for each violation of a provision of this chapter or a regulation promulgated under this chapter; however, the total fines may not exceed ten thousand dollars.
(B) A final order of the board finding that a registrant is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or imposing a private reprimand.
SECTION 40‑83‑150. Grounds for denial of license.
As provided for in Section 40‑1‑130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
SECTION 40‑83‑160. Denial of license based on prior criminal record.
A license may be denied based on a person’s prior criminal record only as provided in Section 40‑1‑140.
SECTION 40‑83‑170. Surrender of license.
A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40‑1‑150.
SECTION 40‑83‑180. Review of decision.
A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40‑1‑160.
SECTION 40‑83‑190. Costs.
A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40‑1‑170.
SECTION 40‑83‑200. Collection of costs and fines.
All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40‑1‑180.
SECTION 40‑83‑210. Confidentiality of investigations and proceedings.
Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided in Section 40‑1‑190.
SECTION 40‑83‑220. Penalties.
A person who engages in or offers to engage in the practice of interior design in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars.
SECTION 40‑83‑230. Petition for injunctive relief.
The Department of Labor, Licensing and Regulation, on behalf of the board and in accordance with Section 40‑1‑120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-83-240. A) The privilege of engaging in the practice of interior design is a personal privilege based upon the qualifications of the individual and evidenced by the person’s registration certificate which is not transferable.
(B) The board shall review the applications of all applicants for admission to practice interior design. The review shall consist of an inquiry into the record, character, education, experience, knowledge, and qualifications of the applicant
(C) A person seeking to become a registered interior designer must:
(1) apply to the department on a form provided by the department;
(2) pay an application fee to the department; and
(3) hold a current NCIDQ certification; Or
(D) A person who performs an interior design service on July 1, 2008, has until June 30, 2012 or two years following the establishment of the board, whichever comes later, to apply to the department to become a registered interior designer. A person seeking registration pursuant to this subsection must:
(1) apply to the department on a form provided by the department;
(2) pay an application fee to the department;
(3)(a) possess at least ten years of combined interior design education and interior design experience, two years of which must be interior design education from a program accredited by the Council of Interior Design Accreditation (CIDA), a program that the department deems substantially equivalent to a program accredited by CIDA, or another program that meets the education eligibility standards for the NCIDQ examination; and
(b) pass Section One the NCIDQ examination
(E) The department shall:
(1) issue a registration certificate and registration number to an applicant upon the applicant's submission of a complete application form, the application fee, and appropriate documentation supporting compliance with items 3 and 4 of subsection C of this section; and
(2) maintain a roster of registrants and make the roster available for public inspection upon request and payment of a minimal fee that does not exceed the cost of printing the roster.
(F) An applicant may not be licensed as an interior designer if the individual has been convicted of a felony or a crime of moral turpitude, misstated or misrepresented any fact in connection with the application, violated any of the rules of registrant conduct set forth in the law or regulations, or practiced interior design without being registered. However, if an applicant has committed any of these acts, the board may register the applicant on the basis of suitable evidence of reform.
Section 48-83-245 Grandfathering
Any person who performs an interior design service on or before January 1, 1999, who applies for registration and pays the appropriate fees shall be registered by the Board provided the applicant meets the following:
The applicant is an interior designer who has:
(a) previously passed the NCIDQ examination; or
(b) in lieu of the requirement for an accredited baccalaureate degree, diploma or certificate from a program with a minimum number of credit hours in Interior Design coursework, the regulatory Board may register applicants who provide documented proof of diversified experience in the practice of Interior Design for ten years or more, including:
(1) Successful passage Section One of the NCIDQ or its successor section; or
(2) Documentation of three or more completed interior design projects; and
(3) At least three letters of reference from an NCIDQ Registered Designer, A Licensed Architect, or interior design client attesting to the successful practice and implementation of interior design by the applicant;
Section 40-83-250. A registered interior designer shall comply with a requirement of this chapter, an applicable building code, an applicable fire code, and an applicable local regulation.
Section 40-83-260. (A) A registered interior designer must biennially renew his registration by submitting to the department a completed renewal form provided by the department, documentation indicating satisfaction of continuing education requirements, and a fee a prescribed by the department in a regulation.
(B) An individual and firm licensed under this chapter shall satisfy license renewal requirements as established by the board in regulation, which shall include continuing education requirements for individuals. The requirements, consisting of ten continuing education hours every two years, shall include continuing education hours in topics related to safeguarding health, safety, and welfare and practice‑related topics. Emeritus interior designers are not required to meet continuing education requirements. The continuing education must be approved by the IDCEC and reported to the NCIDQ.
(C) Individuals and firms shall pay the required renewal fee on a date set by the board in order to continue practicing interior design in South Carolina.
(D) Both individual and firm certificates may be renewed at any time within one year from the date of expiration upon payment of the established fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the year.
(E) If an individual or firm fails to renew within one year from the date of expiration, the certificate may be reissued upon submission of a new application accompanied by the application fee and approval by the board.
(F) Emeritus interior designers who wish to return to active practice shall complete continuing education requirements for each exempted year not to exceed four years. Applicable fees also must be paid.
Section 40-83-270. (A) A document such as a plan, report, drawing, or specification related to an interior design service and prepared or approved by a registered interior designer may not be filed as a public record unless the document bears his signature, the date of his signature, his registration number issued by the department, and, if applicable, his NCIDQ certificate number.
(B) A county or municipal building department shall accept and file as a public record a document such as a plan, report, drawing, or specification related to an interior design service and prepared or approved by a registered interior designer if the document otherwise meets the county or municipality's requirements for filing.
Section 40-83-290. A registered interior designer shall provide their registration number provided by the department and, if applicable, their NCIDQ certificate number on a written communication with the public, in a business communication, and in a paid advertisement.
Section 40-83-300. Exceptions from coverage of chapter,
(A) The provisions of this chapter do not apply to:
(1) an architect or engineer licensed under a law of this State who is not a registered interior designer and does not refer to himself as an interior designer;
(2) a person who provides a decorating service or assists in selecting surface materials, window treatments, wall coverings, paint, floor coverings, surface-mounted fixtures, or loose furnishings not subject to an applicable provision of a building code, fire code, or local ordinance;
(3) an employee of a retail establishment that provides consultation regarding interior decoration or furnishings during a retail sale or prospective retail sale;
(4) an employee of a retail establishment providing design services on the premises of a retail establishment or in the home in the furtherance of a retail sale, so long as he or she does not advertise, or represent himself or herself, as a registered interior designer.
(5) a detached single‑family or two‑family dwelling, as defined in The International Residential Code, regardless of size, with each unit having a grade level exit and sheds, storage buildings, and garages incidental to the dwelling;
(6) a building which is to be used for farm purposes only;
(7) a building less than three stories high and containing fewer than five thousand square feet of total floor area except buildings of assembly, institutional, educational, commercial buildings that require a permit and hazardous occupancies as defined by the Standard Building Code, regardless of area;
(8) alterations to a building to which this chapter does not apply, if the alterations do not increase the areas and capacities beyond the limits of this chapter or affect the structural safety of the building.
(B) Nothing in this chapter prohibits a general contractor or a home builder from the preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions used to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements of this chapter.
(C) Nothing in this chapter prevents or affects the practice of any other legally recognized profession.
(D) Notwithstanding any other contractual, regulatory or statutory requirement or local ordinance, nothing in this chapter prevents any homeowner, business owner, property owner or other legal occupant of a residential or commercial domain from undertaking renovations, upgrades or design modifications that are otherwise permitted within said premises without entering into a contractual agreement with a registered interior designer.
(E) Nothing in this chapter prevents or affects the practice of engineering, as defined in Chapter 22 of Title 40, or architectural work incidental to the practice of engineering.
SECTION 40‑83‑310. South Carolina Interior Design Education and Research Fund established.
(A) The department, at the board’s request, may allocate up to twenty-five dollars of each renewal fee to the South Carolina Interior Design Education and Research Fund, which must be established as a separate and distinct account and used exclusively for:
(1) advancement of education and research for the benefit of individuals and firms licensed under this chapter and for interior design interns;
(2) analysis and evaluation of factors which affect the interior design profession in this State; and
(3) dissemination of the results of the research.
(B) The board shall submit to the Chairmen of the House and Senate Labor, Commerce and Industry Committees by August first of each year a report on how the funds were expended for the preceding fiscal year.
SECTION 40‑83‑320. Registration of Interior Designer registered in another state, territory or foreign country.
Persons providing evidence of registration or licensing in another state, whose requirements for registration are equivalent to South Carolina’s requirements and who extend the same privilege to those registered in South Carolina, may become registered by the board upon payment by such person of the initial registration fee and any other such applicable fees.
SECTION 40‑83‑330. Seal.
(A) Every registered interior designer practicing in this State shall have a seal, the impression of which shall contain the Interior Designer’s name, , Registration Number, and the words “Registered Interior Designer, State of South Carolina” with which they shall stamp all drawings, prints, and specifications for use in their profession.
(B) The seal of the individual Registered Interior Designer in responsible charge must appear as an original on each print of the drawings and the index sheet, or sheets, of each set of specifications offered to secure a building permit and one record set for use on the construction site. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The Registered Interior Designer in responsible charge shall affix his signature over his seal.
SECTION 40‑83‑340. Service of process on nonresident registered interior designer.
(A) Service of a notice provided for by law upon a nonresident registered interior designer or upon a resident registered interior designer who, having been admitted, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the administrator of the board a copy of the notice and any accompanying documents and by sending to the registered interior designer by certified mail an attested copy, with an endorsement on the copy of the service upon the administrator, addressed to the registered interior designer at his last known address.
(B) The return receipt for the certified mail must be attached to and made a part of the return of service of the notice by the board. The chairman of the board before which there was pending a proceeding in which notice has been given, as provided in this section, may order a continuance as may be necessary to afford the registered interior designer reasonable opportunity to appear and defend. The administrator shall keep a record of the day of the service of the notice and any accompanying documents.
SECTION 40‑83‑350. Issuance of building permits.
The building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, must be in possession of a sealed set of plans and specifications for which the seal of a registered interior designer is required and to verify that the registered interior designer who sealed the interior design plans and specifications is a registered interior designer in South Carolina.
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect on July 1, 2008.
