South Carolina General Assembly
118th Session, 2009-2010
S. 45
STATUS INFORMATION
General Bill
Sponsors: Senator Ford
Document Path: l:\council\bills\ggs\22171ab09.docx
Introduced in the Senate on January 13, 2009
Currently residing in the Senate Committee on Labor, Commerce and Industry
Summary: Interior Design Consumer Protection Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
12/10/2008 Senate Prefiled
12/10/2008 Senate Referred to Committee on Labor, Commerce and Industry
1/13/2009 Senate Introduced and read first time SJ-93
1/13/2009 Senate Referred to Committee on Labor, Commerce and Industry SJ-93
VERSIONS OF THIS BILL
12/10/2008
1
2
3
4
5
6
7
8
9 A BILL
10
11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12 1976, BY ADDING CHAPTER 62 TO TITLE 40 SO AS TO
13 ENACT THE “INTERIOR DESIGN CONSUMER
14 PROTECTION ACT”; TO PROVIDE CERTAIN DEFINITIONS;
15 TO REQUIRE A PERSON RENDERING AN INTERIOR
16 DESIGN SERVICE TO REGISTER WITH THE DEPARTMENT
17 OF LABOR, LICENSING AND REGULATION; TO PROVIDE
18 REQUIREMENTS FOR REGISTRATION AND RENEWAL OF
19 REGISTRATION; AND TO FURTHER PROVIDE FOR THE
20 REGISTRATION AND REGULATION OF INTERIOR
21 DESIGNERS.
22
23 Be it enacted by the General Assembly of the State of South
24 Carolina:
25
26 SECTION 1. Title 40 of the 1976 Code is amended by adding:
27
28 “CHAPTER 62
29
30 Interior Design Consumer Protection Act
31
32 Section 40-62-10. This Chapter may be cited as the „Interior
33 Design Consumer Protection Act‟.
34
35 Section 40-62-20. (1) „CEU‟ means a continuing education
36 unit that equals one contact hour of education as approved by
37 NCIDQ. A unit must be filed with the NCIDQ if the unit is used
38 to satisfy NCIDQ requirements to maintain a current NCIDQ
39 Certificate.
40 (2) „Construction document‟ means a working drawing that
41 defines the work to be constructed. A construction document
42 includes a plan for space planning; a partition; power and
[45] 1
1 communications; a reflected ceiling; a material; a finish; a
2 furniture layout; an elevation, section, or detail; or a related
3 drawing supplied by an associated consultant.
4 (3) „Contract document‟ means a document that forms part of
5 the legal contract for services between multiple parties. A contract
6 document typically includes detailed instructions to the contractor,
7 tender forms, construction documents, and specifications.
8 (4) „Department‟ means the Department of Labor, Licensing
9 and Regulation.
10 (5) „Interior design service‟ includes, but is not limited to:
11 (a) providing a design, consultation, study, drawing,
12 specification, or the administration of design construction contract
13 relating to a nonstructural interior element of a building or
14 structure; and
15 (b) providing a space planning service, finishes, furnishings,
16 or the design for fabrication of a nonstructural element within and
17 surrounding an interior space of a building.
18 (6) An interior design service specifically excludes the:
19 (a) designing or being responsible for architectural and
20 engineering work except for a specification for a fixture and its
21 location within an interior space; and
22 (b) constructing a structural, mechanical, plumbing, heating,
23 air conditioning, ventilation, vertical transportation, or electrical
24 system; a fire-rated vertical shaft in a multi-story structure; the
25 fire-related protection of a structural element; smoke evacuation
26 and compartmentalization; an emergency sprinkler system; or an
27 emergency alarm system.
28 (7) „NCIDQ‟ means the National Council for Interior Design
29 Qualification.
30 (8) „Nonstructural‟ or „nonseismic‟ interior element or
31 component:
32 (a) means an interior element or component that employs
33 normal and typical bracing conventions, is not load-bearing, is not
34 part of the structural integrity of a building, does not assist in the
35 seismic design of a building, and does not require a design
36 computation for the structure of a building;
37 (b) includes, but is not limited to, a ceiling partition system;
38 and
39 (c) specifically excludes the structural frame system that
40 supports a building.
41 (9) „Reflected ceiling plan‟ means a design illustrating a
42 ceiling that appears projected downward and may include lighting
43 or another element.
[45] 2
1 (10) „Registered interior designer‟ means an interior designer
2 registered pursuant to this chapter and professionally qualified by
3 education, experience, and examination to affect the function,
4 safety, and quality of an interior space.
5 (11) „Responsible supervisory control‟ means the direct
6 responsibility for supervising work and the decision making
7 process, including the review, control, and enforcement of
8 compliance with design criteria and a life safety requirement. A
9 person with responsible supervisory control may be physically
10 located in a place other than the interior designer‟s office if he
11 maintains control of the work.
12 (12) „Space planning‟ means to analyze the design of a spatial or
13 occupancy requirement including, but not limited to, a space layout
14 or final plan.
15 (13) „Specification‟ means the detailed, written description of
16 construction, workmanship, and materials of work to be
17 undertaken.
18
19 Section 40-62-30. A person who renders an interior design
20 service or identifies himself as an interior designer must be
21 registered pursuant to this chapter before July 1, 2010.
22
23 Section 40-62-40. (A) A person seeking to become a
24 registered interior designer must:
25 (1) apply to the department on a form provided by the
26 department;
27 (2) pay an application fee to the department;
28 (3) hold a current NCIDQ certification; and
29 (4)(a) possess at least six years of combined interior design
30 education and interior design experience, two years of which must
31 be interior design education from a program accredited by the
32 Council of Interior Design Accreditation (CIDA) or another
33 program that the department deems substantially equivalent to a
34 program accredited by CIDA; or
35 (b) pass Section One of the NCIDQ examination.
36 (B) A person who performs an interior design service on July 1,
37 2009, has until June 30, 2010, to apply to the department to
38 become a registered interior designer. A person seeking
39 registration pursuant to this subsection must:
40 (1) apply to the department on a form provided by the
41 department;
42 (2) pay an application fee to the department; and
[45] 3
1 (3)(a) possess at least ten years of combined interior design
2 education and interior design experience, two years of which must
3 be interior design education from a program accredited by the
4 Council of Interior Design Accreditation (CIDA) or another
5 program that the department deems substantially equivalent to a
6 program accredited by CIDA; or
7 (b) pass Section One of the NCIDQ examination.
8 (C) The department shall:
9 (1) issue a registration certificate and registration number to
10 an applicant upon the applicant‟s submission of a complete
11 application form, the application fee, and appropriate
12 documentation supporting compliance with items 3 and 4 of
13 subsection A of this section; and
14 (2) maintain a roster of registrants and make the roster
15 available for public inspection upon request and payment of a
16 minimal fee that does not exceed the cost of printing the roster.
17
18 Section 40-62-50. A registered interior designer shall comply
19 with a requirement of this chapter, an applicable building code, an
20 applicable fire code, and an applicable local regulation.
21
22 Section 40-62-60. A registered interior designer must
23 biennially renew his registration by submitting to the department a
24 completed renewal form provided by the department,
25 documentation indicating satisfaction of continuing education
26 requirements, and a fee a prescribed by the department in a
27 regulation.
28
29 Section 40-62-70. (A) A document such as a plan, report,
30 drawing, or specification related to an interior design service and
31 prepared or approved by a registered interior designer may not be
32 filed as a public record unless the document bears his signature,
33 the date of his signature, his registration number issued by the
34 department, and, if applicable, his NCIDQ certificate number.
35 (B) A county or municipal building department shall accept and
36 file as a public record a document such as a plan, report, drawing,
37 or specification related to an interior design service and prepared
38 or approved by a registered interior designer if the document
39 otherwise meets the county or municipality‟s requirements for
40 filing.
41
42 Section 40-62-80. A registered interior designer shall
43 provide their registration number provided by the department and,
[45] 4
1 if applicable, their NCIDQ certificate number on a written
2 communication with the public, in a business communication, and
3 in a paid advertisement.
4
5 Section 40-62-90. The provisions of this chapter do not
6 apply to:
7 (1) an architect or engineer licensed under a law of this State
8 who is not a registered interior designer and does not refer to
9 himself as an interior designer;
10 (2) a person who provides a decorating service or assists in
11 selecting surface materials, window treatments, wall coverings,
12 paint, floor coverings, surface-mounted fixtures, or loose
13 furnishings not subject to an applicable provision of a building
14 code, fire code, or local ordinance; or
15 (3) an employee of a retail establishment that provides
16 consultation regarding interior decoration or furnishings during a
17 retail sale or prospective retail sale.
18
19 Section 40-62-100. The department shall provide
20 administrative or investigative services it considers necessary to
21 implement and enforce a provision of this chapter.
22
23 Section 40-62-110. The department shall promulgate
24 regulations necessary to carry out provisions of this chapter.”
25
26 SECTION 2. If any section, subsection, paragraph, subparagraph,
27 sentence, clause, phrase, or word of this act is for any reason held
28 to be unconstitutional or invalid, such holding shall not affect the
29 constitutionality or validity of the remaining portions of this act,
30 the General Assembly hereby declaring that it would have passed
31 this act, and each and every section, subsection, paragraph,
32 subparagraph, sentence, clause, phrase, and word thereof,
33 irrespective of the fact that any one or more other sections,
34 subsections, paragraphs, subparagraphs, sentences, clauses,
35 phrases, or words hereof may be declared to be unconstitutional,
36 invalid, or otherwise ineffective.
37
38 SECTION 3. This act takes effect on July 1, 2009.
39 ----XX----
[45] 5