Section 1. Amend Title 24, Delaware Code, by adding thereto a new Chapter 56 to read as follows:

"CHAPTER 56. INTERIOR DESIGNERS.

§ 5601. Definitions.

For the purposes of this Chapter:

(1) 'Board' means the State Board of Interior Design.

(2) 'Certificate' means a certificate issued by the Board to use the title 'Certified Interior Designer'.

(3) 'Certified Interior Designer' is a registered design professional qualified by education, experience and examination to provide interior design services and who is certified by the Board.

(4) 'Interior Design Services' includes but is not limited to:

(i) Preparing and filing with the appropriate building department interior design construction documents for nonstructural and non-seismic interior construction;

(ii) Obtaining building permits for nonstructural and non-seismic interior construction;

(iii) Preparing documents to illustrate materials, finishes, space planning, reflected ceiling plans, furnishing, fixtures, and equipment;

(iv) Analyzing a client's needs, goals, and life and safety requirements;

(v) Integrating findings with knowledge of interior design;

(vi) Formulating preliminary design concepts that are appropriate, functional and aesthetic;

(vii) Developing and presenting final design recommendations through appropriate presentation media;

(viii) Collaborating with licensed practitioners who offer professional services in the technical areas of mechanical, electrical, and load-bearing design as required for regulatory approval;

(ix) Preparing and administering bids and contract documents as the client's agent; and

(x) Reviewing and evaluating design solutions during implementation and upon completion.

(5) 'Nonstructural or non-seismic' means interior elements or components that are not load bearing or do not assist in the seismic design and do not require design computations for a building's structure. It excludes the structural frame system supporting a building. Common nonstructural elements or components include, but are not limited to, ceiling and partition systems. These items employ normal and typical bracing conventions and are not part of the structural integrity of the building.

(6) 'Reflected ceiling plan' means a ceiling design that illustrates a ceiling as if it were projected downward and may include lighting and other elements.

(7) 'Space planning' means the analysis of design of spatial and occupancy requirements including, but not limited to, space layouts and final planning.

§ 5602. Board of Interior Design.

(a) A Board of Interior Design is hereby established. The Board shall consist of five members, three of whom shall be certified interior designers, one of whom shall be a licensed architect, and one shall be a public member; provided interior designers who are appointed to be members of the Board as it is initially constituted need not be certified prior to their appointment to the Board.

(b) The members of the Board shall be appointed by the Governor and each member shall serve for a period of three years; provided, of those appointed to the initial Board, one interior designer and the architect shall serve an initial one-year term, one interior designer and the public member shall serve an initial two-year term, and one interior designer shall serve a three-year term. A vacancy on the Board shall be filled by the appointment of a new member who shall serve for the remainder of the term. A member may succeed himself or herself for one additional term, provided, however, that if a member is initially appointed to fill a vacancy such member may succeed himself or herself for only one additional full term.

(c) The Board shall select from among their number a President who shall serve for one year and may serve no more than 2 consecutive years in the same office.

(d) The Board shall hold regularly scheduled business meetings at such time as the President deems necessary or at the request of a majority of the Board members. A majority of members shall constitute a quorum.

§ 5603. Powers of the Board.

The Board shall have the authority to:

(a) formulate and adopt rules and regulations to implement the provisions of this Chapter;

(b) set reasonable fees for applicants for certification and renewal of certification, which shall be used to defray the expenses of the Board and any expenses of the Division of Professional Regulation in its services on behalf of the Board;

(c) designate a national examination to be taken by persons applying for certification, except applicants who qualify for certification by reciprocity;

(d) issue certificates to applicants who meet the qualifications to be Certified Interior Designers;

(e) receive complaints from Certified Interior Designers and from the public concerning Certified Interior Designers or concerning practices of the profession of interior design, to evaluate such complaints, and to take such action within its powers as the Board deems appropriate;

(f) determine whether or not a Certified Interior Designer shall be the subject of a disciplinary hearing, and if so, to conduct such hearing in accordance with this Chapter and the Administrative Procedures Act of this State;

(g) where it has been determined, after a disciplinary hearing, that penalties or sanctions should be imposed, to designate and impose an appropriate sanction or penalty which may be a monetary fine or suspension or revocation of a Certificate

(h) maintain complete records, including minutes of meetings, applications, examinations, rosters, changes and additions to the rules and regulations, complaints, hearings and such other matters as the Board shall determine;

(i) require by subpoena the attendance and testimony of witnesses and the production of papers, records or other documentary evidence;

(j) determine continuing education requirements for certificate holders; and

(k) adopt a code of ethics for interior designers.

§ 5604. Certification of Interior Designers.

(a) An applicant who applies for certification as a Certified Interior Designer shall have the following qualifications:

1. is a graduate of a four year professional degree program accredited by the Foundation for Interior Design Research or an equivalent accrediting organization, or has completed another professional education program approved by the Board;

2. has at least two years of supervised experience in the performance of interior design services;

3. has passed the National Council for Interior Design Qualification for certification as a Certified Interior Designer; and

4. has not been convicted of a felony and has not been penalized by a professional licensing board in another state, jurisdiction or country.

(b) In lieu of the examination required by Subsection (a), the Board may accept satisfactory evidence of licensing or certification in another state, jurisdiction or country where (i) the qualifications for such licensure or certification are equal, in the opinion of the Board, to the qualifications required by the provisions of this Chapter as of the date of the application; and (ii) the applicant is the holder of a license or certificate in good standing.

(c) Upon being satisfied that the requirements of this Section have been met, the Board shall issue a certificate to the applicant.

(d) Each certificate shall last for two years and may be renewed upon submission of a renewal application provided by the Board and payment of a renewal fee, along with evidence of such continuing education courses as may be required by the rules and regulations set forth by the Board. If the renewal fee is not paid by the expiration date, the certification shall automatically expire. The Board may, within 5 years of an expiration date, renew a certification which has expired, upon payment to the Board of a reasonable fee. A certification which has been expired for five or more years may be renewed only by complying with the provisions herein relating to the issuance of an original certificate.

§ 5605. Effect of Certification.

(a) Only an individual who is certified pursuant to this Chapter may use the title 'Certified Interior Designer'. Certification shall not be construed to permit the practice of engineering under this Title or the practice of architecture under this Title by persons not otherwise authorized to engage in such professions.

(b) A Certified Interior Designer must sign all original final interior design documents, plans and specifications prepared by the Certified Interior Designer or by a full time or part-time subordinate employed under his or her supervision.

§ 5606. Seal; use in obtaining building permits.

(a) Each Certified Interior Designer shall obtain a seal as prescribed by the Board. The seal shall be of a unique design and shall contain the expiration date, registration number of the certified interior designer, and the title 'Certified Interior Designer'.

(b) The seal shall be evidence of the authenticity of interior design construction documents, including drawings, plans, specifications, or reports prepared or issued by the Certified Interior Designer which are being filed for public record with any State or local building department for the purpose of obtaining a building permit. Documents to which the seal is affixed shall be accepted for filing by the appropriate State or local building department.

(c) When affixing his or her stamp to plans, drawings, specifications or other documents, the Certified Interior Designer shall also affix his or her name, by hand-written signature, across the printed image of the stamp.

(d) A Certified Interior Designer may affix his or her signature and seal only to a plan, specifications, or other document which was prepared by him or her, or which was prepared under his or her direct supervisory control, or which was prepared by another interior designer and reviewed, approved or modified, and adopted by the Certified Interior Designer.

(e) No Certified Interior Designer shall affix or permit to be affixed his or her seal or signature to any plan, specification, drawing, or other document which depicts work which the Certified Interior Designer is not competent or certified to perform.

(f) In the event the certification of a Certified Interior Designer has been revoked or suspended by the Board, the Certified Interior Designer shall surrender his or her seal to the Secretary of the Board within thirty days after the revocation or suspension has become effective. If the certificate of the Certified Interior Designer has been suspended for a period of time, his or her seal shall be returned upon expiration of the suspension period.

§ 5607. Applicability.

This Chapter shall not be construed to restrict or otherwise affect the right of any uncertified interior designer, or of any architect, engineer or other individual, to render any of the services which constitute the practice of interior design; however, no such individual may hold himself or herself out as, or use the title of, 'Certified Interior Designer' unless the individual has been so certified pursuant to the provisions of this Chapter.".

Section 2. Severability. If any provision of this Chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable.

SPONSOR:	Rep. Hudson & Sen. Bunting;
	Reps. Spence, Buckworth, Carey, Caulk, DiPinto, Fallon, Hall-Long, Houghton; Sen. Sorenson