Need To Know Information

Interior Design Legislation 101

Do you know that 26 U.S. states and jurisdictions and eight Canadian provinces have laws
recognizing interior designers? If you answered yes, what do you know about those laws?

Why Register or License a Profession?
The 10th Amendment to the U.S. Constitution gives states the powers not delegated to the
federal government. Under this framework, states regulate professions that impact the health,
safety and welfare of the public.

Professional registration or licensure laws do not say who provides "good design" or "bad
design;" this is a decision that can only be made by a client. Professional regulations set a
minimum level of competencies required to safely practice a profession.

Title Acts and Practice Acts

In 1973, Puerto Rico was the first U.S. jurisdiction to pass a practice act. Nine years later,
Alabama became the first state to pass an interior design title act. To date, 19 U.S. jurisdictions
have title acts and six jurisdictions have practice acts, and one state has a permitting statute.
The most recent states to join this growing list are Colorado, which passed a permitting statute
in 2001, Alabama, which passed a practice law in 2001, and Kentucky and New Jersey, which
each passed title laws in 2002, Iowa, which passed a title act in 2005, and Oklahoma, which
passed a title act in 2006.

A title act regulates the use of a title, such as "registered interior designer" or "certified interior
designer." Different states have different titles. A few title acts grant interior designers sealing
privileges that enable them to submit their drawings to building departments for permits. In
other states, interior designers who meet certain qualifications are exempt from the
architectural statutes and are able to practice within the scope of their profession.

Title acts do not require individuals to become "licensed" to practice interior design. Title acts
govern use of a title. In other words, you can provide interior design services in a title act state,
as long as you do not use the regulated title. Title acts benefit the public by providing an
identifiable choice when hiring a designer - consumers can be confident that state registered
interior designers have met a minimum level of professional qualifications.

Practice acts, in addition to regulating who may call themselves interior designers, require
individuals practicing interior design to become licensed. In virtually all such laws, individuals
practicing under the direct supervision of licensed designers are not required to be licensed.
This particular provision allows people new to the profession to practice interior design under
a qualified practitioner while accumulating the needed years of experience and professional
skills to eventually become licensed.

Some practice law states have exemptions for residential work, which means if you only
practice residential design, you do not need a license. Interior design laws generally follow a
precedent set by other design profession laws in this regard. Many states do not regulate what
a citizen does to their home, going back to the adage, "a man's home is his castle." It is
important to note, however, that with more states adopting residential codes and more laws
requiring a state-registered professional for any code-compliant work, more residential interior
designers will need to become registered or licensed.

2 AMERICAN SOCIETY OF INTERIOR DESIGNERS

Requirements

Each state's requirements are different, but ALL states' current interior design legislation
requires passage of the NCIDQ to be registered [licensed or certified] as an interior designer.1
All states also require a combination of education and experience, usually totaling six years.
Some states require an additional code exam, specific to their state. Half of the states also
require CEUs for renewal.

When a state implements a new law, it generally provides a "window of opportunity" or
"grandfather" period to allow interior designers currently practicing in the state who do not
meet the proposed level of requirements to become registered. Legislators do this because they
do not want to disenfranchise their citizens. Often these "grandfathered" designers must pass
the Building and Barrier-Free Code portion of the NCIDQ, in addition to having a specified
amount of experience.

Other Laws and Issues

Besides interior design laws, each state as well as the federal government, has laws and
regulations that affect interior designers' right-to-practice and their business' bottom line.
These regulations include contractor and architectural statutes, Americans with Disabilities Act
compliance, independent contractor classification, sales tax on service provisions and many
other general business laws. Another area of interest to interior designers is the International
Codes Council's development of the model International Building, Residential, Fire and
Performance codes and the adoption and/or modification of these codes by states. The
adoption of the model code and/or any state modifications may affect the interior designers'
right-to-practice, as an important part of the code is the definition of who qualifies as a
"design professional" to submit plans and drawings for permit.

What You Can Do

First, make sure you take the NCIDQ when you are eligible. No matter what state you live in,
this will be a requirement for interior design licensure or certification. Second, before you
move to a state, make sure you know what the laws are and if you have the requirements to
register in that state. Third, get involved with your local chapter of ASID or state legislative
coalition. They are always eager for volunteers and will be happy to "teach you the ropes."
They are fighting for the future of the profession; shouldn't you join them to ensure that there
continues to be a profession to fight for?

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1 California's independent self-certifying board recently moved to allow passage of the
CQRID or both the CKD and CBD examinations in lieu of the NCIDQ.
2 The Building and Barrier Free Code portion of the exam is no longer offered by NCIDQ.
Contact NCIDQ about alternatives.

Legislation & Advocacy

ASID-Protecting Your Right to Practice

Of all the opportunities now facing interior design professionals, the movement to secure interior designers' right to practice is among the most significant. ASID is the interior design profession's leader for the advocacy of interior design right-to-practice issues, building codes, public health, safety and welfare concerns, and other governmental issues relevant to the interior design profession. ASID has a full-time government and public affairs staff that includes three lobbyists registered with the U.S. House of Representatives and U.S. Senate. ASID staff works with a board-appointed volunteer council - the ASID Legislative and Codes Advisory Council - to forward the Society's legislative and codes objectives.

If you have questions about legislation, building codes or ethics issues, contact the ASID Government and Public Affairs department at [email protected] or call (202) 546-3480.

Please visit the ASID National site about more information.