Thursday, June 28, 2012

Interior Design Legislation


Every state is given the power to regulate professions that affect the safety, health and welfare of the public. Therefore, in order to keep the public safe and healthy, there are regulations setting a minimum competency level of the skills required to safely practice the profession. The results of these regulations are seen as either a Title Act or a Practice Act, whichever one the state decided to adopt.

Let’s talk about the differences between the two Acts since it seems a little confusing. Although each state has their own form of regulatory act, here are some characteristics that differ between the two:

Title Acts
-          A Title Act regulates the use of a title such as “licensed interior designer” or “registered interior designer”
-          They do not require individuals to be “licensed” to practice interior design
·         You can provide interior design services as long as you do not use the regulated title, or, “licensed interior designer”
-          With a title act, a customer who is looking to hire someone for interior design work can easily identify those who have met the minimum level of professional qualifications and feel confident in who they are working with.
Practice Acts
-          Regulates who may call themselves interior designers
-          Require those practicing interior design to become licensed
·         Those practicing under the direct supervision of a licensed interior design, such as people new to the profession, are not required to be licensed allowing them to acquire the years of experience and skills needed to become licensed.
-          There are some states with practice laws that say if you only practice residential design than you do not need to be licensed
·         Although the previous statement is true, since more states are deciding to adopt residential codes and laws requiring a professional who is state-registered for any work demanding code-compliance, more residential designers will need to become registered or licensed.

What do ALL states require in order for someone to become a licensed or registered interior designer?
Passage of the NCIDQ exam
             A combination of EDUCATION and EXPERIENCE usually totaling 6 years
What do some states require?
                A CODE EXAM, one that is specific to their state of professional practice
What do half of the states require?
                CEU’s, or, Continuing Education Units, for renewal of the license or registration.
WHAT CAN WE DO!?
As students or recent graduates, we can:
1.       LISTEN! Soak up as much knowledge as possible from those who are experienced interior designers or those who have gained experience from working in the profession for a long time.
2.       STUDY! Study for the NCIDQ  and take it when you are eligible
3.       LOCATION! Before you decide which state you will be working in, whether it be in the current state you live in or one farther away, make sure you are aware of what the laws are and if you meet the requirements to register in that state.
4.       INVOLVEMENT! Get involved with the local ASID chapter or any other professional interior design association.
5.       NETWORK! Socialize and become more familiar with your surroundings and the people who are involved in the profession in your community or any nearby areas. It is always nice to be in a new place or profession and not feel so alone. Get out there and have a good time getting to know how everything works and how important communication is in professional situations.

Now some of these may not be the easiest to fulfill but the key is to ALWAYS HAVE FAITH IN YOUSELF, FIGHT FOR WHAT YOU BELIEVE and NEVER GIVE UP no matter what anyone says!

OPPOSITION

Those who strongly oppose the use of Title Acts and Practice Acts in the interior design profession include the AIA (American Institute of Architects), NCARB (National Council of Architectural Registration Boards), and NKBA (National Kitchen and Bath Association
AIA Views

The official policy of AIA regarding interior design legislation states that its board recognizes the value of interior designers but doesn’t feel there is justification to support changing existing state licensing laws. “The AIA opposes practice or title regulation of individuals or groups other than architects and engineers,” states the organization’s Architectural Practice and Title Regulations Policy Statement. (IIDA Website)
Interior designers are quick to respond to this perspective by pointing out the collaborative nature of the profession. Interior designers frequently work alongside and lead other regulated professionals. It only makes sense for the interior design component to be regulated as well. “In a world where partnering of professional teams abound,” Voorhees says, “It’s time to embrace the combination of our expertise, to use our collective ideas and energy in providing the best spaces for the public.” (IIDA Website)
I could copy everything from this specific website, IIDA, because it has so much information relating to the importance of interior design as well as other professions related to design… but I won’t do that. But if I were you I would check it out. You won’t regret it.
NKBA Views
It is the belief of the NKBA that these laws do nothing to further the protection of public health, safety, and welfare as there is no showing whatsoever that a continued failure to regulate the design community causes harm to the public, which is not adequately protected by a state's architectural and engineering controls and existing building codes and regulations. Furthermore, such laws lead to added governmental bureaucracy and increased consumer confusion about the capabilities of our members and the distinctive field of kitchen and bath design. (NKBA Website)


Florida’s Legislation Issue
Now onto a specific state’s issue that arose not too long ago.

Florida’s interior design requirements:
1.       Interior Design Degree
2.       $1,000 NCIDQ exam
3.       4 year apprenticeship under a state licensed interior designer
It is said that the reason for the strict law is to aid in the safety, health and welfare of the public but it has been admitted that there is no evidence or documentation stating there has ever been a problem with someone who has designed a space and was not a registered interior designer.

“The facts in this case couldn’t be clearer: There isn’t a shred of evidence that Florida’s interior design law does anything but protect licensed interior designers from honest competition,” said Clark Neily, senior attorney at the Institute for Justice, a national public interest law firm challenging the Florida law in federal court. “This ruling sets a dangerous precedent, not just for interior designers, but for workers in all creative occupations.”

Results that follow the abuse of occupational licensing include:
-          High priced items and materials due to the low amount of competition
-          Limited choices for the public to choose from
-          Exclusion of minorities and older mid-career switchers from working in the professio
Ruling
The ruling stated that, even though there was no real evidence of those who design without a license interfering with the safety and health of the public, the law still stands that you must go through the specific steps to be able to practice interior design in the state of Florida.
In May of 2009, the Institute for Justice joined with three interior designers and the National Federation of Independent Business to challenge Florida’s interior design law in federal court, arguing that the law censors substantial amounts of free speech and unreasonably interferes with people’s ability to earn an honest living. (IJ Website)

The Institute for Justice plans to appeal the ruling. (IJ Website)



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