DAR File No. 40411

This rule was published in the June 1, 2016, issue (Vol. 2016, No. 11) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Rule R156-86

State Certification of Commercial Interior Designers Act Rule

Notice of Proposed Rule

(New Rule)

DAR File No.: 40411
Filed: 05/10/2016 01:50:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2016 General Session of the Legislature, S.B. 117 passed, which created Title 58, Chapter 86, the "State Certification of Commercial Interior Designers Act". This proposed rule implements the referenced legislation.

Summary of the rule or change:

Section R156-86-101 establishes a title for this rule. Section R156-86-102 defines terms used within the respective act or rule. Section R156-86-103 references the authority of the Division to administer Title 58, Chapter 86, and rules adopted under Title 58. Section R156-86-104 establishes the relationship of this rule to Rule R156-1. Section R156-86-202 establishes the exam requirements for state certification of commercial interior designers. Section R156-86-203 establishes the renewal cycle and procedures for state certification of commercial interior designers. Section R156-86-204 further defines continuing education requirements for state certification of commercial interior designers. Section R156-86-301 establishes unprofessional conduct.

State statutory or constitutional authorization for this rule:

  • Subsection 58-1-106(1)(a)
  • Subsection 58-1-202(1)(a)
  • Section 58-86-101

This rule or change incorporates by reference the following material:

  • Adds American Society of Interior Designers (ASID) Code of Ethics and Professional Conduct, published by American Society of Interior Designers, December 2013

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments implement state certification requirements established by S.B. 117 (2016). There are no additional costs imposed upon local governments by the proposed rule amendments. The requirements of S.B. 117 may result in additional costs for any local government agency that enlists the services of a state certified commercial interior designer. However, these costs cannot be quantified by the Division.

small businesses:

The proposed rule amendments implement state certification requirements established by S.B. 117 (2016). There are no additional costs or savings imposed upon small business by the proposed rule amendments. The requirements of S.B. 117 upon small business are described below. S.B. 117 applies to those required to be licensed as state certified commercial interior designers. State-certified commercial interior designers may seek to establish their own firms, many of which may be small businesses. Current architectural and engineering firms engaging in the practice of commercial interior design, some of which may be small businesses, may experience a potential loss in commercial interior design work or a downsize in subordinate design staff as commercial interior design work previously done by these firms may now be performed by state-certified commercial interior designers, independent of a licensed architect or engineer. Due to copious variables, the related costs for current firms and future small businesses may increase, remain neutral, or decrease. However, the Division is not able to quantify these costs.

persons other than small businesses, businesses, or local governmental entities:

The proposed rule amendments implement state certification requirements established by S.B. 117 (2016). There are no additional costs or savings imposed upon other persons by these proposed amendments. The requirements of S.B. 117 upon other persons are described below. State-certified commercial interior designers may seek to establish their own firms, as commercial interior design work previously done by architectural and engineering firms may now be performed by state-certified commercial interior designers, independent of a licensed architect or engineer. Current architectural and engineering firms engaging in the practice of commercial interior design may experience a potential loss in commercial interior design work or a downsize in subordinate design staff as commercial interior design work previously done by these firms may now be performed by state-certified commercial interior designers, independent of a licensed architect or engineer. The Division is not able to quantify these potential costs. The training required for unlicensed employees, subordinates, associates, or drafters to engage in practice of commercial interior design may be less for those working under the supervision of a state-certified commercial interior designer, as their scope of practice is limited. However, as the practice of commercial interior design is distinct, perhaps even specialized, they may require more training in their area of expertise. As such, the training required for and the remuneration provided to those engaged in such practice may vary. This cost or savings will have a corresponding impact upon employers and clients. The Division is not able to quantify these costs or savings.

Compliance costs for affected persons:

The proposed amendments implement state certification requirements established by S.B. 117 (2016). There are no additional costs or savings imposed upon affected persons by this rule. The requirements of S.B. 117 upon affected persons are described below. The proposed rule amendments will result in an increase of costs for those applicants seeking state certification as a commercial interior designer. Associated costs include an application fee of $70, a renewal fee of $40, a continuing education on average of $15 to $30 per continuing education (CE) credit, National Council for Interior Design Qualification (NCIDQ) exam-related fees ranging from $50 to $450, and any prerequisite education required to apply for the NCIDQ exams, the cost of which cannot be quantified by the Division.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change corresponds with recently-passed legislation, which made commercial interior designers an occupation now licensed by the Division. This new rule defines terms, references statutory authority for the rule, establishes exam requirements, establishes the renewal cycle and procedures for state certification, defines the continuing education requirements, and describes unprofessional conduct. No fiscal impact to businesses is anticipated by this rule change. Some businesses will be fiscally impacted by the change in state law. But the definitions, procedures, and requirements of this rule will not fiscally impact businesses beyond that of the state law change.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

  • Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2016

This rule may become effective on:

07/08/2016

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-86. State Certification of Commercial Interior Designers Act Rule.

R156-86-101. Title.

This rule is known as the "State Certification of Commercial Interior Designers Act Rule."

 

R156-86-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 86, as used in Title 58, Chapters 1 and 86, or this rule:

(1) "ASID" means the American Society of Interior Design.

(2) "IDCEC" means the Interior Design Continuing Education Council.

(3) "NCIDQ" means the National Council for Interior Design Qualification.

(4) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 86, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-86-301.

 

R156-86-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) and Section 58-86-103 to enable the Division to administer Title 58, Chapter 86.

 

R156-86-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

 

R156-86-202. Qualifications for State Certification - Exam Requirement.

In accordance with Subsection 58-86-202(3)(b), the exam requirement for certification under this title is passing all sections of the NCIDQ examination established by the Council for Interior Design Qualification.

 

R156-86-203. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to certified registrants under Title 58, Chapter 86 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

R156-86-204. Continuing Education for Commercial Interior Designers.

In accordance with Section 58-86-204, continuing education shall be:

(1) limited to continuing education courses offered by IDCEC; and

(2) designated by IDCEC as "Health, Safety, Welfare" courses.

 

R156-86-301. Unprofessional Conduct.

"Unprofessional conduct" includes failing to conform to the generally accepted and recognized standards of the profession including those established in the December 2013 edition of the "ASID Code of Ethics and Professional Conduct", which is hereby incorporated by reference.

 

KEY: licensing, commercial interior designers

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-86-101

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.