HB4715 102ND GENERAL ASSEMBLY

LRB102 23360 SPS 32528 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4715

Introduced 1/27/2022, by Rep. Margaret Croke

SYNOPSIS AS INTRODUCED:

225 ILCS 310/3	from Ch. 111, par. 8203
225 ILCS 310/4	from Ch. 111, par. 8204
225 ILCS 310/4.1 new
225 ILCS 310/4.2 new
225 ILCS 310/8	from Ch. 111, par. 8208
225 ILCS 310/13	from Ch. 111, par. 8213

Amends the Registered Interior Designers Act. Provides that nothing shall be construed as preventing or restricting persons engaging in professional services limited to the design of kitchen and bath spaces and the specification of products for kitchen and bath areas. Provides that every registered interior designer shall have a reproducible seal. Provides that the registered interior designer shall affix the signature, current date, date of registration expiration, and seal to the first sheet of any bound set or loose sheets of technical submissions. Provides that all technical submissions intended for use in the State shall be prepared and administered in accordance with standards of reasonable professional skill and diligence. Provides that prior to registration, the applicant shall provide substantial evidence to the Board of Registered Interior Design Professionals that the applicant has completed the education and work experience requirements to sit for the Council for Interior Design Qualification examination, has successfully passed the Council for Interior Design Qualification examination, and has maintained an active Council for Interior Design Qualification certification. Provides that each applicant for renewal or reinstatement of registration shall complete continuing education as set forth by the Department of Financial and Professional Regulation by rule. Makes changes in provisions concerning causes for disciplinary actions. Defines terms.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Registered Interior Designers Act is amended by changing Sections 3, 4, 8, and 13 and by adding Sections 4.1 and 4.2 as follows:

(225 ILCS 310/3) (from Ch. 111, par. 8203)

(Section scheduled to be repealed on January 1, 2027)

Sec. 3. Definitions. As used in this Act:

"Address of record" means the designated address recorded by the Department in the applicant's application file or the registrant's registration file as maintained by the Department's licensure maintenance unit.

"Board" means the Board of Registered Interior Design Professionals established under Section 6 of this Act.

"Department" means the Department of Financial and Professional Regulation.

"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the registrant's registration file as maintained by the Department's licensure maintenance unit.

"Interior design" includes, but is not limited to, the preparation of interior floor plans, ceiling plans, creations of paths of egress, occupancy calculations, provided no changes to the number of exterior exits or changes to the buildings egress stairs and stairwells that are part of the building core and shell, selection of furnishings, and the fabrication of non-structural elements within interior spaces of buildings. "Interior design" does not include the following:

(1) design of, or the responsibility for architectural and engineering work, except as explicitly provided for in this Act;

(2) altering or affecting the structural system of a building;

(3) changing the building's dead load on the structural system;

(4) changes or use to occupancies not already allowed by the current building;

(5) changes to the location of the building's exterior exits and permanent exit stairs and stairwells that are part of the buildings core and shell; foundations, beams, trusses, columns, or other primary structural framing members or seismic systems;

(6) making openings in a roof or exterior wall;

(7) making changes to exterior elements, including windows, awnings, canopies, sunshades, and other similar exterior building elements; and

(8) making changes to heating, ventilating, or air conditioning equipment or distribution systems; building management system; high or medium voltage electrical distribution systems; standby or emergency power or distribution systems; plumbing distribution systems; fire alarms systems, fire sprinkler systems; security or monitoring systems; other related building systems.

"The profession of interior design", within the meaning and intent of this Act, refers to persons qualified by education, experience, and examination, who administer contracts for fabrication, procurement, or installation in the implementation of designs, drawings, and specifications for any interior design project and offer or furnish professional services, such as consultations, studies, drawings, and specifications in connection with the location of lighting fixtures, lamps and specifications of ceiling finishes as shown in reflected ceiling plans, receptacle and switch locations, casework and plumbing fixture locations, floor space planning, interior floor plans, furnishings and finishes, creation or alteration of paths of egress, occupancy calculations, provided no changes to the number of exterior exits or changes to the buildings existing permanent exit stairs and stairwells that are part of the buildings core and shell is required, and , or the fabrication of non-loadbearing non-structural structural elements within and surrounding interior spaces of buildings but specifically excluding mechanical and electrical systems, except for specifications of fixtures and their location within interior spaces.

"Public member" means a person who is not an interior designer, educator in the field, architect, structural engineer, or professional engineer. For purposes of board membership, any person with a significant financial interest in the design or construction service or profession is not a public member.

"Registered interior designer" means a person who has received registration under Section 8 of this Act. A person represents himself or herself to be a "registered interior designer" within the meaning of this Act if he or she holds himself or herself out to the public by any title incorporating the words "registered interior designer" or any title that includes the words "registered interior design".

"Responsible control" means the amount of control over detailed professional knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered interior designers applying the required professional standard of care. Merely reviewing or reviewing and correcting a technical submissions or any portion thereof prepared by those not in the regular employment of the office where the registered interior designer is resident without control over the content of such work throughout its preparation does not constitute responsible control.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Technical submissions" means the designs, drawings, and specifications that establish the scope of the interior design to be constructed, the standard of quality for materials, workmanship, equipment, and construction systems, and the studies and other technical reports and calculations prepared in the course of the practice of interior design.

(Source: P.A. 102-20, eff. 1-1-22.)

(225 ILCS 310/4) (from Ch. 111, par. 8204)

(Section scheduled to be repealed on January 1, 2027)

Sec. 4. Title; application of Act.

(a) No individual shall, without a valid registration as an interior designer issued by the Department, in any manner hold himself or herself out to the public as a registered interior designer or attach the title "registered interior designer" or any other name or designation which would in any way imply that he or she is able to use the title "registered interior designer" as defined in this Act.

(a-5) Nothing in this Act shall be construed as preventing or restricting the services offered or advertised by an interior designer who is registered under this Act.

(b) Nothing in this Act shall prevent the employment, by a registered interior designer association, partnership, or a corporation furnishing interior design services for remuneration, of persons not registered as interior designers to perform services in various capacities as needed, provided that the persons do not represent themselves as, or use the title of, "registered interior designer".

(c) Nothing in this Act shall be construed to limit the activities and use of the title "interior designer" on the part of a person not registered under this Act who is a graduate of an interior design program and a full-time employee of a duly chartered institution of higher education insofar as such person engages in public speaking, with or without remuneration, provided that such person does not represent himself or herself to be a registered interior designer or use the title "registered interior designer".

(d) Nothing contained in this Act shall restrict any person not registered under this Act from carrying out any of the activities listed in the definition of "the profession of interior design" in Section 3 if such person does not represent himself or herself or his or her services in any manner prohibited by this Act.

(e) Nothing in this Act shall be construed as preventing or restricting the practice, services, or activities of any person licensed in this State under any other law from engaging in the profession or occupation for which he or she is licensed, except as specifically provided for in Section 3.

(f) Nothing in this Act shall be construed as preventing or restricting the practice, services, or activities of engineers licensed under the Professional Engineering Practice Act of 1989 or the Structural Engineering Practice Act of 1989; architects licensed pursuant to the Illinois Architectural Practice Act of 1989; any interior decorator or individual offering interior decorating services including, but not limited to, the selection of surface materials, window treatments, wall coverings, furniture, accessories, paint, floor coverings, and lighting fixtures; or builders, home furnishings salespersons, and similar purveyors of goods and services relating to homemaking.

(g) Nothing in this Act or any other Act shall prevent a licensed architect from practicing interior design services. Nothing in this Act shall be construed as requiring the services of a registered interior designer for the interior designing of a single family residence.

(h) Nothing in this Act shall authorize registered interior designers to perform services, including life safety services that they are prohibited from performing, or any practice (i) that is restricted in the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, or the Structural Engineering Practice Act of 1989, or (ii) that they are not authorized to perform under the Environmental Barriers Act, except as specifically provided for in Section 3.

(i) Nothing in this Act shall authorize registered interior designers to advertise services that they are prohibited to perform, including architecture or engineering services, nor to use the title "architect" in any form.

(j) Nothing in this Act shall be construed as preventing or restricting persons engaging in professional services limited to the design of kitchen and bath spaces and the specification of products for kitchen and bath areas.

(Source: P.A. 102-20, eff. 1-1-22.)

(225 ILCS 310/4.1 new)

Sec. 4.1. Seal. Every registered interior designer shall have a reproducible seal, or facsimile, the impression of which shall contain the name of the registered interior designer, the registrations number, and the words "Registered Interior Designer, State of Illinois". The registered interior designer shall affix the signature, current date, date of registration expiration, and seal to the first sheet of any bound set or loose sheets of technical submissions used as contract documents between parties to the contract or prepared for the review and approval of any governmental or public authority having jurisdiction by that registered interior designer or under that registered interior designer's responsible control. The sheet of technical submissions in which the seal is affixed shall indicate those documents or parts thereof for which the seal shall apply. The seal and dates may be electronically affixed. The registrant may provide, at his or her sole discretion, an original signature in the registrant's handwriting, a scanned copy of the document bearing an original signature, or a signature generated by a computer. All technical submissions issued by any corporation, partnership, professional service corporation, or professional design firm registered under this Act shall contain the corporate or assumed business name and design firm registration number, in addition to any other seal requirements set forth in this Act.

A registered interior designer under this Act shall not sign and seal technical submissions that were not prepared by or under the responsible control of the registered interior designer, except that:

(1) the registered interior designer may sign and seal those portions of the technical submission that were prepared by or under the responsible control of a person who holds a registration under this Act, and who has signed and sealed the documents, if the registered interior designer has reviewed in whole or in part such portions and has either coordinated their preparation or integrated them into his or her work;

(2) the registered interior designer may sign and seal portions of the professional work that are not required by this Act to be prepared by or under the responsible control of a registered interior designer if the registered interior designer has reviewed and adopted in whole or in part such portions and has integrated them into his or her work. Work associated with the combination of services in connection with the design and construction of buildings shall be provided by a licensed architect. If engineering services are required in association with an interior non-structural project being performed by a registered interior designer, the documents that have already been properly sealed by a licensed professional engineer may be complied and sealed by a registered interior designer. For all other projects, engineering services shall be procured separate from the registered interior designer;

(3) a partner or corporate officer of a professional design firm registered in Illinois, who is registered under this Act, and who has professional knowledge of the content of the technical submissions and intends to be responsible for the adequacy of the technical submissions, may sign and seal technical submissions that are prepared by or under the responsible control of a registered interior designer who is registered in this State and who is in the regular employment of the professional design firm.

The registered interior designer exercising responsible control under which the technical submissions or portions of the technical submission were prepared shall be identified on the technical submissions or portions of the technical submissions by name and Illinois registration number.

Any registered interior designer who signs and seals technical submissions not prepared by that registered interior designer but prepared under that registered interior designer's responsible control by persons not regularly employed in the office where the registered interior designer is resident shall maintain and make available to the board upon request for at least 5 years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the registered interior designer's control over, and detailed professional knowledge of the technical submissions throughout their preparation.

(225 ILCS 310/4.2 new)

Sec. 4.2. Technical submissions.

(a) All technical submissions intended for use in this State shall be prepared and administered in accordance with standards of reasonable professional skill and diligence. Care shall be taken to reflect the requirements of State law and, where applicable, county and municipal ordinances in the submissions. In recognition that registered interior designers are registered for the protection of the public health, safety, and welfare, submissions shall be of such quality and scope, and be so administered, as to conform to professional standards.

(b) No officer, board, commission, or other public entity who receives technical submissions shall accept for filing or approval any technical submissions related to services requiring the involvement of a registered interior designer that do not bear the seal and signature of a registered interior designer.

(c) It is unlawful to affix a seal to technical submissions if it masks the true identify of the person who actually exercised responsible control of the preparation of such work. A registered interior designer who seals and signs technical submissions is not responsible for damage caused by subsequent changes to, or uses of, those technical submissions where the subsequent changes or uses, including changes to uses made by State of local agencies, are not authorized or approved in writing by the registered interior designer who originally sealed and signed the technical submissions.

(225 ILCS 310/8) (from Ch. 111, par. 8208)

(Section scheduled to be repealed on January 1, 2027)

Sec. 8. Requirements for registration.

(a) Each applicant for registration shall apply to the Department in writing on a form provided by the Department. Except as otherwise provided in this Act, each applicant shall take and pass the examination approved by the Department. Prior to registration, the applicant shall provide substantial evidence to the Board that the applicant has completed the education and work experience requirements to sit for the Council for Interior Design Qualification examination, has successfully passed the Council for Interior Design Qualification examination, has maintained an active Council for Interior Design Qualification certification, and:

(1) is a graduate of a 5-year interior design program from an accredited institution and has completed at least 2 years of full-time diversified interior design experience;

(2) is a graduate of a 4-year interior design program from an accredited institution and has completed at least 2 years of full-time diversified interior design experience;

(3) has completed at least 3 years of interior design curriculum from an accredited institution and has completed 3 years of full-time diversified interior design experience; or

(4) is a graduate of a 2-year interior design program from an accredited institution and has completed 4 years of full-time diversified interior design experience.

(b) In addition to providing evidence of meeting the requirements of subsection (a), each applicant for registration as a registered interior designer shall provide substantial evidence that he or she has successfully completed the examination administered by the National Council for Interior Design Qualification Qualifications.

Examinations for applicants under this Act may be held at the direction of the Department from time to time but not less than once each year. The scope and form of the examination shall conform to the National Council for Interior Design Qualification examination for interior designers.

(b-5) Each applicant for registration shall pay to the Department the required registration fee, which is not refundable, at the time of filing his or her application.

(b-10) Each applicant for renewal or reinstatement of registration under this Act shall have completed continuing education as set forth by the Department by rule. The Department shall consider the recommendations of the Board in establishing requirements for continuing educations requirements.

(c) An individual may apply for original registration prior to passing the examination. He or she shall have 2 years after the date of filing an application to pass the examination. If evidence and documentation of passing the examination are received by the Department later than 2 years after the individual's filing, the application shall be denied and the fee forfeited. The applicant may reapply at any time, but shall meet the requirements in effect at the time of reapplication.

(d) Upon payment of the required fee, which shall be determined by rule, an applicant who is an architect licensed under the laws of this State may, without examination, be granted registration as a registered interior designer by the Department provided the applicant submits proof of an active architectural license in Illinois.

(Source: P.A. 100-920, eff. 8-17-18; 101-81, eff. 7-12-19.)

(225 ILCS 310/13) (from Ch. 111, par. 8213)

(Section scheduled to be repealed on January 1, 2027)

Sec. 13. Refusal, revocation or suspension of registration. The Department may refuse to issue, renew, or restore or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem proper, including fines not to exceed $5,000 for each violation, with regard to any registration for any one or combination of the following causes:

(a) Fraud in procuring the certificate of registration.

(b) Habitual intoxication or addiction to the use of drugs.

(c) Making any misrepresentations or false promises, directly or indirectly, to influence, persuade, or induce patronage.

(d) Professional connection or association with, or lending his or her name, to another for illegal use of the title "registered interior designer", or professional connection or association with any person, firm, or corporation holding itself out in any manner contrary to this Act.

(e) Obtaining or seeking to obtain checks, money, or any other items of value by false or fraudulent representations.

(f) Use of the title under a name other than his or her own.

(g) Improper, unprofessional, or dishonorable conduct of a character likely to deceive, defraud, or harm the public.

(h) Conviction in this or another state, or federal court, of any crime which is a felony, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust.

(i) A violation of any provision of this Act or its rules.

(j) Revocation by another state, the District of Columbia, territory, or foreign nation of an interior design or residential interior design license, certification, or registration if at least one of the grounds for that revocation is the same as or the equivalent of one of the grounds for revocation set forth in this Act.

(k) Mental incompetence as declared by a court of competent jurisdiction.

(l) Being named as a perpetrator in an indicated report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the registrant has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.

(m) Aiding or assisting another person in violating any provision of this Act or its rules.

(n) Failure to provide information in response to a written request made by the Department within 30 days after receipt of the written request.

(o) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill that results in the inability to practice interior design with reasonable judgment, skill, or safety.

(p) Using or attempting to use an expired, inactive, suspended, or revoked registration or the certificate or seal of another registrant or impersonating another registrant.

(q) Signing, affixing, or allowing the registered interior designer's seal to be affixed to any technical submission not prepared by the registered interior designer or under the registered interior designer's responsible control.

The Department may refuse to issue or may suspend the registration of any person who fails to file a return, or to pay the tax, penalty, or interest showing in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

The entry of a decree by any circuit court establishing that any person holding a certificate of registration under this Act is a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code shall operate as a suspension of that registration. That person may resume using the title "registered interior designer" only upon a finding by the Board that he or she has been determined to be no longer subject to involuntary admission by the court and upon the Board's recommendation to the Director that he or she be permitted to resume using the title "registered interior designer".

(Source: P.A. 100-872, eff. 8-14-18; 100-920, eff. 8-17-18; 101-81, eff. 7-12-19.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.