Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 4989
STATUS INFORMATION
General Bill
Sponsors: Rep. Scarborough
Document Path: l:\council\bills\nbd\12439ac06.doc
Introduced in the House on April 13, 2006
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Interior Design Practice Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
4/13/2006 House Introduced and read first time HJ-5
4/13/2006 House Referred to Committee on Labor, Commerce and Industry
HJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 40 SO AS TO REQUIRE A PERSON RENDERING INTERIOR DESIGN SERVICES TO BE REGISTERED WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO PROVIDE REQUIREMENTS FOR REGISTRATION AND REGISTRATION RENEWAL; 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:
Section 40-62-10. This chapter may be cited as the 'Interior Design Practice Act'.
Section 40-62-20. As used in this chapter:
(1) 'Accessibility' means the features of buildings or spaces that enable use by people regardless of their level of ability.
(2) 'Building shell' means the framework, exterior walls, building core, and structural elements.
(3) 'CEU' means a continuing education unit that equals one contact hour of education as approved by the NCIDQ. Each unit must be filed with the NCIDQ, in order to satisfy NCIDQ requirements to maintain a current NCIDQ Certificate.
(4) 'Construction Documents' means the working drawings that define the work to be constructed. Plans include space planning, partition, power and communications, reflected ceiling, materials and finishes, furniture layout, and elevations, sections, and details, along with drawings supplied by associated consultants.
(5) 'Contract Documents' means the documents that form a part of the legal contract for services between two or more parties. These typically include detailed instructions to the contractor, tender forms, construction documents and specifications.
(6) 'Department' means the Department of Labor, Licensing and Regulation.
(7) 'Interior design services' includes, but is not limited to, providing designs, consultations, studies, drawings, specifications, and the administration of design construction contracts relating to nonstructural interior elements of a building or structure. Interior design services include, but are not limited to, providing space planning, finishes, furnishings, and the design for fabrication of nonstructural elements within and surrounding interior spaces of a building. Interior design specifically excludes the design of, or the responsibility for, architectural and engineering work except for specifications for fixtures and their location within interior spaces. Interior design services also specifically exclude construction of structural, mechanical, plumbing, heating, air conditioning, ventilation, electrical or vertical transportation systems, fire-rated vertical shafts in multi-story structures, fire-related protection of structural elements, smoke evacuation and compartmentalization, emergency sprinkler systems, and emergency alarm systems.
(8) 'NCIDQ' means the National Council for Interior Design Qualification.
(9) 'Registered interior designer' means an interior designer registered pursuant to this chapter.
(10) 'Specification' means the detailed, written description of construction, workmanship, and materials of work to be undertaken.
(11) 'Sustainability' means the use of resources in such a way that they are not depleted, a method of practice or use of materials that is capable of being continued with minimal long-term effect on the environment, and the employment of materials that are harvested from waste products.
Section 40-62-30. A person who renders interior design services must be registered pursuant to this chapter.
Section 40-62-40. (A) To be a registered interior designer an applicant shall submit an application on forms provided by the department, pay the applicable registration fee, and hold a current NCIDQ certification.
(B)(1) Upon receipt of the registration application and fee and proper documentation of the applicable requirement in subsection (A), the department shall issue the applicant a registration certificate and number.
(2) The department shall maintain a roster of registrants and shall make this available to the public upon request and payment of a minimal fee, not to exceed the cost of publication of the roster.
(C)(1) For two years beginning July 1, 2006, an interior designer practicing as of July 1, 2006, has two years to apply for registration as an interior designer without complying with the requirements of this chapter.
(2) As of July 1, 2008, all interior designers must be registered pursuant to this chapter to provide interior design services.
Section 40-62-50. In providing interior design services a registrant shall comply with all requirements of this chapter and applicable building codes, fire codes, and local regulations.
Section 40-62-60. (A) Registration must be renewed biennially by submitting a renewal form provided by the department, documentation of ten hours of continuing education biennially, and fees as prescribed by the department in regulation.
(B) An interior designer registered pursuant to Section 40-62-40(A) shall provide NCIDQ certification of CEU compliance.
Section 40-62-70. A registrant shall provide interior design services in a manner that will inspire the respect of clients, suppliers of goods and services, fellow interior designers and other professionals, and the general public.
Section 40-62-80. (A) Documents, including plans, reports, drawings and specifications prepared or issued by a registered interior designer and filed for public record, must include the signature and registration number of the interior designer and their interior designer's NCIDQ certificate number, if applicable, of the registered interior designer who prepared or approved these documents and the date on which the documents were signed. The signature, date, and registration number, or NCIDQ certificate number, are evidence of the authenticity of those documents.
(B) A municipal, township, or county building department shall accept any documents, plans, reports, drawings, or specifications filed by a registered interior designer for work that the interior designer is permitted to perform if those documents, plans, reports, drawings, or specifications otherwise meet the requirements for filing.
Section 40-62-90. A registrant shall identify their registration number and their NCIDQ certificate number, if applicable, on all communications with the public, in business communications, and in all paid advertising.
Section 40-62-100. (A) This chapter does not apply to:
(1) architects licensed pursuant to this title if the architect does not refer to himself as an interior designer unless registered pursuant to this chapter;
(2) a person who provides decorative services or assistance in the selection of surface materials, window treatments, wall coverings, paint, floor coverings, surface-mounted fixtures, and loose furnishings not subject to regulation under applicable provisions of building or fire codes or local ordinances;
(3) an employee of a retail establishment providing consultation regarding interior decoration or furnishings during a retail or prospective retail sale.
Section 40-62-110. The Department of Labor, Licensing and Regulation shall provide all administrative and investigative services to implement and enforce the provisions of this chapter and shall promulgate regulations necessary to carry out the provisions of this chapter, including the promulgation of registration and renewal fees."
SECTION 2. This act takes effect July 1, 2006.
This web page was last updated on Friday, December 4, 2009 at 3:53 P.M.