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Interior Design Issue: Legislative Strategies

Interior Design Issue: Legislative Strategies. Interior Design: The Problem.

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Interior Design Issue: Legislative Strategies

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  1. Interior Design Issue: Legislative Strategies

  2. Interior Design: The Problem While AIA state components have generally been successful in holding back Interior Design “Practice” measures, it’s getting increasingly difficult to do so (they’re on the offense, we’re on the defense) and is distracting state components from other important issues.

  3. AIA Needs To: • Develop a consistent, nationwide state legislative strategy to deal with Interior Design/practice overlap issues • Develop consistent, nationwide messages to use to advance AIA legislative lobbying on Interior Design/practice overlap issues • Develop better, more useable, more hard-hitting legislative materials to support AIA positions • Put Interior Designers who push Practice legislation ON THE STRATEGIC DEFENSIVE by introducing bills and/or amendments that give THEM something to lose when they push anti-architect Practice legislation • Revisit Licensing Committee Recommendation to Oppose “Title”

  4. Interior Design Advocacy Strategies “Not only architectural schools but also some interior design programs are offering degrees in “interior architecture” rather than “interior design,” thereby blurring the line between the scope of services appropriate to the architect and those appropriate to the designer. Although the programs and the disciplines are, in fact, distinctly different, the use of the term “interior architecture” implies a hierarchy within the professions and creates a misleading perception of the role of interiors and interior designers within the built environment. Furthermore, this nomenclature within design education may jeopardize our efforts to achieve interior design licensing across the country, since it would seem to add to the architectural community’s claim that much of the scope of services we define as interior design falls within their definition of interior architecture. Such a lack of specificity as to what constitutes “interior design” per se and what constitutes “architecture” adds to the confusion in the minds of the public and of legislators.” -- 2004 ASID Publication Interior Design Facts and Figures

  5. Interior Design Advocacy Strategies Interior Architecture Amendment: Define “Interior Architecture” Allow only licensed architects to provide interior architecture services Example: a. Interior architecture means providing services to the interior elements of the building that significantly affect the public’s health and safety. Examples of interior architecture include, but are not limited to, the structural, mechanical, and electrical systems of the building, final review of interior documents to ensure compliance with all codes and standards… b. Only architects licensed by this jurisdiction may provide interior architecture services Charge the Licensing Committee to develop a draft definition during its July meeting

  6. Interior Design Advocacy Strategies Disclosure and Conflict of Interest Amendment: • Insert language that requires full disclosure of compensation to the client and prohibits providing services if there is a potential for a conflict of interest that may affect decision making. • Either use NCARB’s model language (which most states have adopted) or the same language that the state uses for architects.

  7. Interior Design Advocacy Strategies Disclosure and Conflict of Interest Amendment: Example: Rhode Island Conflict of Interest Language • 1. A certified interior designer shall not accept compensation for their services from more than one party on a project unless the circumstances are fully disclosed to and agreed to (such disclosure and agreement to be in writing) by all interested parties. • 2. If a certified interior designer has any business association or direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with his or her performance of professional services, the certified interior designer shall fully disclose in writing to his or her client or employer the nature of the business association or financial interest. If the client or employer objects to such association or financial interest, the certified interior designer will either terminate such association or interest or offer to give up the commission or employment. • 3. A certified interior designer shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products. • 4. When acting as the interpreter of building contract documents and the judge of contract performance, a certified interior designer shall render decisions impartially, favoring neither party to the contract.

  8. Interior Design Proponent Statements “We must take hold of our legislative future and define our profession and our professional standards in our own terms. We must stop trying to satisfy others by meeting the standards they are trying to set for us. We must identify what standards suit our profession regardless of what other allied professions try to dictate.” -- 2004 ASID Publication Interior Design Facts and Figures

  9. Interior Design Proponent Statements “The most basic factor is that more and more interior designers are taking increasingly active roles in protecting the future of their business enterprises and their profession.” -- Contract Magazine Article, Practice: Legislative Update, January 2005

  10. Interior Design Proponent Statements “Each jurisdictional legislature determines which professions to regulate and to what extent. It is therefore possible that architects, interior designers and engineers would be permitted by statute to perform overlapping professional services making it irrelevant that these interior design services are currently covered by architectural practice statutes.” -- Derrell Parker, IIDA, 2004 NCIDQ President

  11. Interior Design Regulation Interior Design Regulation: Title Acts • 16 States have enacted interior design title acts. This year a 17th state, Iowa passed a title bill that will go into effect July 1, 2005 • A title act restricts the use of a protected title such as “certified interior designer” • By definition a title act should place no restrictions on who may offer services. • In states that have interior design title acts anyone can offer interior design services provided they do not use the protected title.

  12. Interior Design Regulation Interior Design Regulation: Practice Acts • 4 States have enacted interior design practice acts. Although one of the States, Alabama, recently ruled their act unconstitutional and it is currently not being enforced. • A practice act, often referred to as “licensure”, restricts the offering of services to only those individuals who meet specific legislated criteria (of education, training, and testing). • Practice regulation or licensure--because of its cost to the state and consumers and because it limits entry into a profession‑is traditionally reserved by the states for professions and occupations that if unregulated pose a serious threat to public health, safety, and welfare. • In states that have an interior design practice act only individuals licensed by the state can provide interior design services.

  13. Interior Design Regulation Interior Design Regulation: Other Models • 1 State regulates interior design through the implementation of a private certification program. The certification program provides for title registration and functions in the same manner as a title act. • 1 State provides for an exemption specific to interior design services within the architectural practice statute. However, the exemption does not apply to any elements of interior construction that impact a buildings life safety elements.

  14. Interior Design Regulation Title Regulation – Is It the “Trojan Horse” of the Interior Design Lobby? 1. What the interior design lobby calls “Title” legislation often includes Practice language. 2. Bills introduced as “Title” legislation often are changed at the end of the legislative process into “Practice” legislation as a strategic ploy to build momentum and catch the AIA off guard. 3. Passage of “Title” legislation is the typical legislative “foot in the door” strategy laying the foundation for the interior design lobby to argue for Practice legislation in future years. Example: 2004 NCIDQ Model Title Bill (included in briefing book) contains: • Same qualification standards as NCIDQ Model Practice Act • Same practice definition as NCIDQ Model Practice Act • Same stamp and seal as NCIDQ Model Practice Act Just because they choose to call it a Title bill, doesn’t make it a Title Bill

  15. Interior Design Regulation Title Regulation – The Foot in The Door Strategy Title Acts lead to Practice Acts: Alabama Title Act 1982 Practice Act 2001 Florida Title Act 1988 Practice Act 1994 Louisiana Title Act 1984 Practice Act 1999 During the 2005 legislative session, components in 3 states that currently have Title Acts Texas, Minnesota, and New York had to fend off interior designers attempts to change to Practice Acts

  16. Interior Design Grandfathering Sample Grandfathering Statistics: • When the Maryland title act was enacted in 1991 302 individuals were grandfathered in without having to pass the NCIDQ examination. As of September 2002, there are only 288 interior designers certified in Maryland and 112 of them, approximately 38%, were part of the original grandfathered group. • In 1996 California found that 80% of its certified interior designers were grandfathered in without passing the full NCIDQ exam • Louisiana currently estimates that only 25% of its registered interior designers are NCIDQ certified • Minnesota estimates that only 17% of its certified designers have passed the NCIDQ examination • Connecticut conservatively estimates that 2/3 of its registered interior designers are not NCIDQ certified

  17. Interior Design NCIDQ • NCIDQ Quick Facts: • According to the 2000 NCIDQ Examination Guide, 18% of the NCIDQ exam’s questions relate to health and safety issues. This amounts to 39 of the exams 275 questions. • According to NCIDQ statistics, as of November 2004 approximately 18,500 people have passed the exam since its inception in 1974. • NCIDQ will allow individuals with as little as 2 years of education to sit for the exam through 2008, at which time a higher education standard will be implemented.

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