Category Archives: Interior Design Laws

The Other Side of Regulating Interior Designers


 

Looks like the Institute for Justice is at it again. Interior Design..or what they consider “Interior Design” is supposedly the most restrictive or over regulated occupation in the U.S.. Or another way to look at it is Interior Design is the occupation that is most difficult to become regulated or licensed.

So what’s the problem again?

http://www.bastiatinstitute.org/2012/05/09/it-takes-10-times-more-educational-hours-to-cut-hair-than-to-be-an-emt-and-other-horrifying-truths-about-occupational-licensing/

Of course in the eyes and minds of the IJ anybody should be able to call themselves an interior designer and anybody with a pulse should be able to practice “interior design”.  All the more reason for ASID/IIDA to rally around R.I.D.’s and the process to legislate “Registered Interior Designers”.

Let the unregistered interior designers be – if you love somebody set them free.

WHO IS THE MAD MAN HERE?

PROFESSIONALINTERIORDESIGNER must admit a fascination with the AMC show Mad Men. It is just too good. So when I learned that the actor who played Sal Romano was in town promoting himself as an interior designer my interest was piqued….a bit…Okay a lot…..I tore apart the paper to get to the usually hidden House and Home section.

http://www.kansascity.com/2012/05/02/3587037/q-a-bryan-batt-new-orleans.html

Turns out Bryan Batt is multi-talented. He is an accomplished actor, a respected author, a successful retailer and of course an interior designer. Why? Because he can be- even in Louisiana which is one of 3 states that licenses the practice of interior design. Guess as long as your mother and grandmother were stylish the title is a birthright.

I am not mad….jealous maybe….amused….heck yeah.

 

READY…..SHOOT…..AIM!!

How the Proposed Arizona Interior Design Registration Act Died Before Arriving.

The Interior Design Coalition of Arizona (http://www.idca.info/index.html) has been very active and, although not successful, continues to promote legislation to regulate the title of “registered” interior designer. Their recent draft bill can be read here;

http://www.idca.info/uploads/2/9/0/7/2907520/draft_bill_02-26-2012.pdf 

PROFESSIONALINTERIORDESIGNER finds it amusing that an Allied ASID member gave this very public self promotion spiel on a local Tuscon T.V. station;

http://www.kvoa.com/videoplayer/?video_id=10047&categories=17 

Now Ms. Wachs has every right to promote her services. In fact PROFESSIONALINTERIORDESIGNER is impressed with her marketing acumen. Well played Ms. Wachs- well played.

However one (well OK-me…just me Okay…I am the sensitive one here……) has to wonder how a professional organization can covertly endeavor to promote licensure of the profession while allowing its members to publicly depict the profession as decorators- not that there is anything wrong with that.  So this is the public image of “interior design” at least in Tuscon.  

“LEOPARD IS GREAT RIGHT NOW”

Maybe we should be pursuing endangered species regulation instead.

P.S. Note to IDCA- please eliminate the term “interior design” and “interior designer” except where describing exceptions. Your bill is about “registered”interior designers performing “registered” interior design services.

Your bill starts out -

“The chapter heading of title 32, chapter 1, Arizona Revised Statutes, is changed from “ARCHITECTS, ASSAYERS, ENGINEERS, GEOLOGISTS, HOME INSPECTORS, LANDSCAPE ARCHITECTS AND SURVEYORS” to “ARCHITECTS, ASSAYERS, ENGINEERS, GEOLOGISTS, HOME INSPECTORS, LANDSCAPE ARCHITECTS, SURVEYORS AND INTERIOR DESIGNERS”.

I would change to read-

The chapter heading of title 32, chapter 1, Arizona Revised Statutes, is changed from “ARCHITECTS, ASSAYERS, ENGINEERS, GEOLOGISTS, HOME INSPECTORS, LANDSCAPE ARCHITECTS AND SURVEYORS” to “ARCHITECTS, ASSAYERS, ENGINEERS, GEOLOGISTS, HOME INSPECTORS, LANDSCAPE ARCHITECTS, SURVEYORS AND REGISTERED INTERIOR DESIGNERS”.

We cannot own the term “interior design” or “interior designer”. We can own “registered interior design” or “registered interior designer”. A subtle yet critical legal nuance. IMHO.

Good Luck

The Interior Design Profession’s New Mantra

ONE VOICE – ONE CREDENTIAL – ONE MISSION

© 2012 PROFESSIONALINTERIORDESIGNER

ONE VOICE: We need to have one professional organization that is devoted to serving the best interests of the profession by continually raising the standards of professional status, advocating for our legal/political rights and promoting our unique value to society.

ONE CREDENTIAL: We need a brand identity that clearly communicates our unique value to society and demands the respect that we all have earned.

ONE MISSION: To allow us to compete as equals to, or independent of, other licensed design professionals.

What part of that is unclear?

California Puts The Brakes on Interior Design Practice Act

Yesterday California Assembly Bill 2482 which would have established a registered interior design practice act was suspended in the Assembly Committee on Business, Professions, and Consumers evidently as a courtesy to allow the bill sponsor, Assemblywoman Fiona Ma a chance to amend and edit the bill to address concerns raised by those opposed to such a bill. Basically the supporters of AB2482 raised the white flag rather than push the bill forward in the face of stronger opposition. 

Why should we care?  

Good question. My simple answer is because California is the most populous state in the Union and has the most interior designers particularly if you include the innately qualified like this- http://www.dailymail.co.uk/tvshowbiz/article-2130695/Justin-Timberlake-turns-interior-designer-launch-new-home-line.html?ito=feeds-newsxml and what happens in California does not stay in California. 

Unfortunately the interior design profession in California is literally an island unto its own. However, it is a perfect beta site for the effort to regulate, via state government powers, the practice of Interior Design. Those that oppose the government regulation of Interior Design have created a private certification process by which designers that are so inclined can become “Certified”. Here is their explanation;

ABOUT CCIDC
Background on The California Council for Interior Design Certification
CCIDC was established in January 1992 as the organization responsible for administering the requirements of the Certified Interior Designers Law under Chapter 3.9, Section 5800 of the California Business and Professions Code.

After several years of legislative efforts by interior design groups and by the California Legislative Coalition for Interior Design a new law went into effect on January 1, 1991 outlining the parameters and responsibilities of work that an interior designer can perform. Along with these guidelines the listing of “Certified Interior Designer” was added to the California Business and Professions code, providing an official designation for interior designers who meet the education, experience and examination requirements as outlined by the California Council for Interior Design Certification.

  • Under the Certified Interior Designers Law, Certified Interior Designers are qualified by the CCIDC upon evidence of a combination of interior design education and/or experience and passage of a designated examination.
  • Only the CCIDC can determine eligibility to be a Certified Interior Designer in the State of California. Designers who meet the education, experience and examination criteria of the CCIDC Board are allowed to use the “Certified Interior Designer” title and are recognized in the State of California.
  • Upon qualification, the Certified Interior Designer will be identified by an individual number which will appear on a certificate, a stamp with which to identify interior design nonstructural and non-seismic drawings and documents, and an identification card.
  • Certified Interior Designers, as mandated by the State of California, have met high standards of qualification and have agreed to uphold a strict code of ethics and conduct.

So for 20 some years California has had a voluntary self-regulatory process for its Interior Designers. PROFESSIONALINTERIORDESIGNER suspects that it was implemented to spite the pro-regulation effort as championed by ASID.

So CCIDC http://www.ccidc.org/index.html is the private regulatory entity. Their grassroots coalition is the CLCID http://www.clcid.org/ …got that?  So if you have been reading with me so far you may note the sponsors of CLCID are the very same organizations that steadfastly oppose government regulation (A.K.A. licensure) of interior design across the nation. In fact you could say that their goal is to de-professionalize the ID profession. So the Interior Design bed in California is a crazy mix of bedfellows and they really don’t care about the other 49 states and territories. 

But hey it is after all California- BUT PROFESSIONALINTERIORDESIGNER does see merit in the self-regulatory process. There is some merit here and it deserves our consideration. See this discussion on this blog under comments for instance http://professionalinteriordesigner.com/2012/04/16/much-ado-about-nothing-redux-part-deux-redo/

California Assembly Bill 2482 was championed by the Interior Design Coalition of California  http://www.idc-ca.org/ vis-a-vis ASID. Here is a good dialog explaining their position on government regulation of interior design http://www.linkedin.com/groups/IDCC-Interior-Design-Coalition-California-4296228?trk=myg_ugrp_ovr there are obviously some good points to be considered here.

If we thought the recent legal and political battles in Florida were convoluted and contentious California represents the Battle of the Bulge in regard to the use of the government to sort out the qualified interior designers from the not. PROFESSIONALINTERIORDESIGNER is determined to sort it out and present the facts on both sides of the issue so that if there is anything from this orgy that we can use to move the entire profession forward I think we need to consider it. More to follow- I’m off to grade NCIDQ exams…..again.

MUCH ADO ABOUT NOTHING REDUX PART DEUX REDO

UPDATE ON CALIFORNIA’S EFFORT TO REGULATE THE PRACTICE OF REGISTERED INTERIOR DESIGN:

Seems the California Chapter of the American Institute of Architects has drunk the entire jug of Interior Design Protection Council Kool-Aid;

Interior Design Practice Act
So far, this bill has taken the majority of our lobbying time. It is still early in the year, and our time soon will be divided among many issues, including our sponsored bills, but an active coalition has formed in opposition to AB 2482 and is meeting with the author, legislators who sit on the Assembly Business & Professions Committee, where the bill has been assigned, and the Secretary of the State and Consumer Services Agency.

The coalition includes the National Kitchen & Bath Association, the Community College League of California, several community college districts, the California Building Officials, the California Legislative Coalition for Interior Design, Home Depot, Lowes, the California Retail Association, and several other groups.

AB 2482 creates a practice act for interior designers and limits who can engage in this newly defined practice. It would not stop architects from legally engaging in interior design, of course. It is, however, an attempt by a small group of interior designers to use the power of the state to limit who can provide interior design services.

Additionally, for a reason we cannot understand, it places restrictions on who can own an architectural firm and, if an architectural firm has a non-licensed individual as a co-owner, places the architectural firm under the regulatory authority of the proposed Interior Design licensing board.

More to come in the next issue of Relevance”

http://aiacc.org/2012/04/11/noteworthy-legislative-update/

As Mr. Christian noted “ It would not stop architects from legally engaging in interior design, of course.” Then PROFESSIONALINTERIORDESIGNER must ask- WHY DO YOU CARE SO MUCH THAT YOU MUST SPEND THE “MAJORITY” OF YOUR LOBBYING TIME ON AN ISSUE THAT DOES NOT CONCERN YOU OR YOUR CONSTITUENTS? Seems like a witch hunt gone awry at the expense of your members dues. Just sayin’

ATTENTION ALL PROFESSIONAL INTERIOR DESIGNERS!

THE STATE OF THE INTERIOR DESIGN PROFESSION SUMMIT- 2013

PROFESSIONALINTERIORDESIGNER is forming an exploratory committee (can you have a committee of one?) to determine if there is sufficient interest in holding a STATE OF THE INTERIOR DESIGN PROFESSION summit at NEOCON 2013.

This summit meeting would be a broad overview of the current state of the profession as well as the future potential of a better informed profession.

Easier said than done- I know. But unless you have a better idea to reach out to as many like-minded professionals as NEOCON offers I have to try this.

So here are my thoughts at format and ground rules. The Summit will be a panel presentation from representatives of each aspect of the professional domains- Education, Experience, Examination and Regulation after which we will have a question and answer session. The Summit will not accept sponsorship from any of our professional organizations. It must be a forum free of party lines and special interests. We should be free to speak frankly and openly, both positively and negatively, without fear of retribution. I would however accept sponsorship and participation from our profession’s non-profit education and certification entities since they are most critical to us moving forward. We also would welcome participation by industry media.

We have to publicize this event beyond the walls of the Mart and the pages of our own media outlets. It’s time to stop preaching to the proverbial choir.

Now as far as who can attend……well that is a tough one. I am dubious we can restrict entrance to a certain segment of the “profession”. We could limit it to NCIDQ credential holders but students and those working toward the exam need to hear this as much as anybody. Therefore I am for a full and open meeting. We may have to hire bouncers. Anyway that is the kernel of my idea.

Anybody care to help make this happen?

The mark of a true professional is giving more than you get.
Robert Kirby

Who Let the Dogs Out?

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors.
Plato

I love discussions like this one on Houzz;

http://www.houzz.com/discussions/107779/California-legislation-necessary-for-interior-design-field-or-too-restrictive-impractical-

Not only do we have to defend our right to practice against our peers and competitors we have a more substantial effort to combat misinformation on the general public’s part- you know….the very people we purport to protect and to serve.

Unless there is a monumental shift (kinda like an earthquake….OK cheap shot…mea culpa) in the perception of the general public- California AB 2482 does not stand a chance.

Legislation: The Role of Interior Design Educators

From a panel discussion held at the 2012 Interior Design Educators Council Annual Conference. While geared toward ID educators it does address some of the larger issues that are relevant to all PROFESSIONAL INTERIOR DESIGNERS. Unfortunately the panel was poorly attended so I post this to hopefully reach a few more of you that may be interested….or not.

We owe our students a clear career path forward for their monumental investment in us and the profession.

This path should include an understanding of various models of professional validation from education to licensure.

We must define what a profession is, who can be an interior design professional and what a professional does.

Dressing or acting professional does not make one a “professional”. Conversely wielding a “license” also does not make one a good designer.

We must explain that education is only one component of professional status.

 And more importantly professionals, licensed or not, are obligated to never stop learning.

We must be clear about the goal of regulation.

It is not about garnering respect for the profession of interior design. It is about pursuing equality with, or independence from, our allied design professionals¹.

We must lead our students to their own conclusion regarding regulation.

 We must not coerce them. If we do our jobs correctly the majority of students will become fully invested in, and forever committed to, the cause.

We must present the NCIDQ as the standard proof of competence to practice as “professionals” in code based construction environments.

We must walk the walk. 

We must be honest about the issues related to regulation both politically and legally.

We must openly discuss the pros and the cons of government regulation. We must admit to our victories as well as our failures. We can learn from both.  We are peeling a political hot potato with a double edge sword while lecturing on a legal slippery slope – use caution when discussing.

We must be knowledgeable of all political and legal issues pertaining to regulation so that we can present it in terms that are relevant to student’s level of legal & political comprehension/sophistication.

Whether we agree with the issues or not.

We must convey an understanding and a respect for our obligation to protect the Health & Safety and to improve the Welfare (HS&W) of the public.

If our professional organizations will not do it- we must.

We must enforce the importance of our unique ability to improve the quality of life (“W” of HS&W) in meaningful and measurable ways.

This is how we can achieve professional validation. Licensure (Health and Safety) is the vehicle that will allow us to do this at the highest level.

We must determine if we are teaching to the license or not.

If so- then we need to reconsider its place in our stated mission.  If not- then we must acknowledge that our mission is much broader and that legal recognition¹ is not our primary mission.

We cannot ignore it nor can we have it both ways.

 

1. From a joint statement issued during the spring 2011 Florida State Government effort to deregulate Interior Design in that state;

 

The American Society of Interior Designers (ASID) and the International Interior Design Association (IlDA) recognize and support each other’s role in the development of the interior design profession. The two organizations each work to further the growth and success of the interior design profession in the United States, nurture the global design community and offer education and inspiration to members throughout their careers.  To that end, both ASID and IIDA strongly support voluntarily licensing that provides expanded practice opportunities for interior designers, allowing qualified designers to work independently in code-based built environments. This type of licensure for interior design is right for the economy, right for consumers, and right for the interior design profession.  Further, ASID and IIDA join together to oppose current attempts to deregulate the interior design industry. Licensing allows designers to establish independent small businesses that offer a full scope of services, hire workers, increase payrolls and contribute to the tax base. Regulation has helped create jobs in interior design as well as affiliated wholesale and retail sales.  This has, also meant reduced costs for consumers by increasing competition in the commercial design market. Licensing for interior design differentiates the responsibilities and services of each of the design professions, eliminating a monopoly for architects in the design of code-based built environments. Overall, licensing in Florida has created a robust design industry that employs thousands of Floridians and contributes significantly to the economy. Deregulation of voluntary licensure in Florida will only serve to disrupt small business and remove key safeguards vital to keeping the economy on track, creating instability for business and uncertainty in the marketplace. For these reasons ASID and IIDA are working to together to prevent the deregulation of interior design and to promote a vibrant and dynamic environment in which the design community can thrive.”

Davis, D. & Levy, A. (2011) Joint statement of the American Society of Interior Designers and the International Interior Design Association. Retrieved June 14, 2011 while attending the 2011 ASID/IIDA Legislative Roundtable, Chicago, Illinois.

© 2012 Michael Dudek

 Also I offer this abstract titled Practicing Independently in Code-Based Built Environments: Implications for Interior Design Educators which was disqualified for exceeding the word limit. Rules are rules. But that does not mean it is not worthy. Hopefully those of you seeking information on ID regulation can find something of scholarly worth here.

http://ksu.academia.edu/MichaelDudek/Papers/1538124/Practicing_Independently_in_Code-Based_Built_Environments_Implications_for_Interior_Design_Educators

CUE THE MISINFORMED INTERIOR DESIGN EDITORIAL RHETORIC!

http://www.sacbee.com/2012/03/19/4348144/license-bill-cuts-down-competition.html

So sad.