HB337INTRODUCED Page 0 HB337 CT9RJWW-1 By Representatives Moore (P), Brown RFD: Commerce and Small Business First Read: 25-Feb-25 1 2 3 4 5 CT9RJWW-1 02/25/2025 KMS (L)cr 2025-280 Page 1 First Read: 25-Feb-25 SYNOPSIS: Under existing law, the Alabama Board for Registered Interior Designers is responsible for regulating those interior designers who are registered with the board. Registered interior designers are limited in the size and type of building for which they may perform work. This bill would expand the practice of registered interior design and would remove the prohibition on the size and type of building for which a registered interior designer may perform work. This bill would provide for the authority of the board to discipline individuals who are not registered by the board. This bill would also provide further for the prohibition against a registered interior designer performing professional engineering or architecture and exemptions from registration by the board. A BILL TO BE ENTITLED AN ACT Relating to the Alabama Board for Registered Interior 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB337 INTRODUCED Page 2 Relating to the Alabama Board for Registered Interior Designers; to amend Sections 34-15C-2, 34-15C-3, 34-15C-9, 34-15C-10, and 34-15C-15, Code of Alabama 1975; to expand the practice of registered interior design; to remove the prohibition on the size and type of building for which a registered interior designer may perform work; and to provide for the authority of the board to discipline individuals who are not registered by the board; and to add Section 34-15C-10.1 to the Code of Alabama 1975, to provide further for the prohibition against a registered interior designer performing professional engineering or architecture and provide further for exemptions. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 34-15C-2, 34-15C-3, 34-15C-9, 34-15C-10, and 34-15C-15 of the Code of Alabama 1975, are amended to read as follows: "§34-15C-2 The Legislature finds and declares that this chapter is not intended to restrict the practice of interior design or the use of the terms design, designer, interior design, or interior designer in this state. The Legislature declares that the purpose of this chapter is to establish a registration process for those interior designers who choose to obtain the credentials required to seal and submit construction documents for commercial interior projects in certain spaces less than 5,000 contiguous square feet within a building which has a total area of 2,500 square feet or more to building officials for review and permitting purposes. The Legislature further finds and declares that this chapter is not intended to 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB337 INTRODUCED Page 3 finds and declares that this chapter is not intended to prohibit any person from making plans and specifications for or administering the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any single family residence of any size , or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people . Except as expressly provided in Section 34-15C-9, nothing in this chapter shall be interpreted to prohibit any person who is not a registered interior designer from conducting any activity not prohibited by any other state law. Further, registration under this chapter may not be required by this state or by any city, town, county, or other governmental entity or official for the submission, review, approval, or issuance of permits for plans and specifications for or to administer the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any single family residence of any size , or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people, nor for any activity other than the submission to building officials of construction documents for commercial interior projects in certain spaces up to 5,000 contiguous square feet, within a building which has a total area of 2,500 square feet or more ." "§34-15C-3 For the purposes of this chapter, the following terms 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB337 INTRODUCED Page 4 For the purposes of this chapter, the following terms shall have the following meanings: (1) BOARD. The Alabama Board for Registered Interior Designers. (2) NCIDQ. The National Council for Interior Design Qualification. (3) NONSTRUCTURAL ELEMENT. An element of a building or structure which does not require structural bracing and does not contribute to the structural integrity of the building. Nonstructural elements are primarily concerned with the interior aspects of design and do not include any load-bearing components. The term includes both non-seismic and non-structural elements. (4) PRACTICE OF REGISTERED INTERIOR DESIGN. The analysis, planning, design, documentation, and management of interior nonstructural construction and alteration projects in compliance with applicable building design and construction, fire, life-safety, and energy codes, standards, regulations, and guidelines. The term includes all of the following: a. Programming, space planning, predesign analysis, and conceptual design of interior nonstructural elements. b. Preparation of documents and technical submissions related to interior construction, finish materials, furnishings, fixtures, and equipment. c. Rendering of designs, plans, drawings, specifications, contract documents, and other interior technical submissions, and administration of interior nonstructural element construction and contracts relating to nonstructural elements in interior alteration or construction 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB337 INTRODUCED Page 5 nonstructural elements in interior alteration or construction of a proposed or existing building or structure. d. Alteration or construction of interior nonstructural elements. e. Preparation of a physical plan of space within a proposed or existing building or structure, including any of the following: 1. Determinations of circulation systems or patterns. 2. Determinations of egress requirements based on occupancy loads. 3. Assessment and analysis of interior safety factors to comply with building codes related to interior nonstructural/nonseismic elements. 4. Design of the exit access and exit components of the means of egress system within a building based on the calculated occupant load. 5. Interior material selection and application for all portions of a means of egress system. 6. Compliance with applicable building design and construction, accessibility standards, fire, life-safety, and energy codes, standards, regulations and guidelines. (3)(5) REGISTERED INTERIOR DESIGNER. An interior design professional, as defined by the NCIDQ, who is approved and registered by the board and the Secretary of State. (6) RESPONSIBLE CONTROL. The direct personal supervision over, and detailed knowledge of, the content of all contract documents that are ordinarily exercised by a registered interior designer when applying the requisite standard of care. " 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 HB337 INTRODUCED Page 6 standard of care. " "§34-15C-9 (a) Any person who is not a registered interior designer who uses the title Except as otherwise provided in this chapter, it shall be unlawful for any individual to engage in the practice of registered interior design or use the designation "registered interior designer" or any other designation, words, or letters indicating registration as a registered interior designer, including abbreviations, or hold himself or herself out as a registered interior designer on any sign, card, listing, advertising, business name, stationery, or in any other manner knowingly implies or indicates that he or she is a registered interior designer unless duly registered as such by the board. This subsection does not prohibit an individual who is exempt, pursuant to this chapter, from holding himself or herself out to the public or soliciting business as an interior designer. (b) Any person who is not a registered interior designer who performs or engages in the practice of registered interior design or uses the title registered interior designer shall be guilty of a Class A misdemeanor. (b)(c) Any person who is not a registered interior designer who stamps or seals any document with a stamp or seal containing the term registered interior designer shall be guilty of a Class A misdemeanor. (c)(d) Any registered interior designer who stamps or allows to be stamped any document that is not prepared under his or her supervision and control or any registered interior designer who seals any plan, specification, report or document 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 HB337 INTRODUCED Page 7 designer who seals any plan, specification, report or document with the seal after the registration of the registered designer has expired or has been suspended or revoked, unless the certificate has been renewed or reissued shall be guilty of a Class A misdemeanor." "§34-15C-10 (a) Nothing in this chapter shall be interpreted to prohibit any person from making plans and specifications for or administering the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any single family residence of any size , or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people . (b) Registration under this chapter may not be required by this state or by any city, town, county, or other governmental entity or official for the submission, review, approval, or issuance of permits for plans and specifications for or to administer the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any single family residence of any size , or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people, nor for any activity other than the submission to building officials of construction documents for commercial interior projects in certain spaces up to 5,000 contiguous square feet, within a building which has a total 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 HB337 INTRODUCED Page 8 contiguous square feet, within a building which has a total area of 2,500 square feet or more . (c) Except as expressly provided in subsection (a) or subsection (b) of Section 34-15C-9, nothing in this chapter shall be interpreted to prohibit any person who is not a registered interior designer from conducting any activity not prohibited by any other state law. (d) The board shall have no jurisdiction over any person who is not a registered interior designer. (e) The board may not conduct any disciplinary proceeding against any person who is not a registered interior designer. (f) The board may not conduct any disciplinary proceeding or initiate any other action based upon the use of the term design, designer, interior design, or interior designer by any person, business, or firm at any time before or after August 1, 2010 ." "§34-15C-15 (a) Notwithstanding any provision of law to the contrary, a registered interior designer may submit sealed, stamped drawings to building officials for a commercial interior project in any space of less than 5,000 contiguous square feet within a building of any size provided that all of the following requirements are satisfied: (1) The space may not be intended for use as a school, church, auditorium, or other space intended for the assembly occupancy of people. (2) Unless unless the drawings utilize, reference, and incorporate documents prepared by architects, engineers, or 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 HB337 INTRODUCED Page 9 incorporate documents prepared by architects, engineers, or other related professionals, the drawings may not include the design or modification of architectural and engineering interior construction relating to building systems, such as building structural support, fire rated assemblies, stairwells, means of egress components, elevators, elevator shafts, plumbing, heating, ventilation, air conditioning, fire protection, and mechanical and electrical systems, except for the scope of interior services as defined by the NCIDQ or for the coordination of the aesthetic requirements of fixtures. (b) Any official of this state or of any city, town, or county charged with the enforcement of laws, ordinances, or regulations relating to the construction or alteration of buildings may accept or approve and issue permits based upon any of the following: (1) Plans or specifications prepared by any person registered pursuant to this chapter, provided the plans or specifications are consistent with this chapter. (2) Plans and specifications for the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or of any single family residence of any size, or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people . (3) Plans and specifications which such the official is not prohibited from accepting pursuant to any other state law on August 1, 2010." Section 2. Section 34-15C-10.1 is added to the Code of 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 HB337 INTRODUCED Page 10 Section 2. Section 34-15C-10.1 is added to the Code of Alabama 1975, to read as follows: (a) Nothing in this chapter shall be construed to authorize a registered interior designer to engage in the practice of professional engineering or architecture in this state or provide services that constitute the practice of professional engineering or architecture, except as otherwise provided in this chapter and incidental to the practice of registered interior design. (b) The practice of registered interior design does not include modifications or additions to any of the following: (1) Changes of building use to an occupancy not already allowed by the current building or structure or changes of building use to an occupancy of a greater hazard. (2) The construction classification of the building or structure according to the International Building Code. (3) The structural system of a building, including changing the building's dead load on the structural system. (4) The building envelope, including exterior walls, exterior wall claddings, exterior wall openings, exterior windows and doors, balconies and similar projections, roof assemblies and rooftop structures, and glass and glazing for exterior use in both vertical and sloped applications in buildings and structures. (5) Mechanical, plumbing, heating, air conditioning, ventilation, electrical, low voltage systems, elevators and conveying systems, fire protection systems, or fire alarm systems. (6) Design of or modifications to an exit stair or exit 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 HB337 INTRODUCED Page 11 (6) Design of or modifications to an exit stair or exit discharge portion of a means of egress system. (7) Construction that materially affects life safety systems pertaining to fire safety of structural elements or the fire protection of structural elements, smoke evacuation and compartmentalization systems, or fire-rated vertical shafts in multi-story structures. (c) The following individuals are not required to obtain a certificate of registration pursuant to this chapter: (1) A licensed or registered architect. (2) An individual engaging in work as an employee of an architect or registered interior designer, if the work does not include responsible control, or a consultant retained by an architect or registered interior designer. (3) An individual who prepares plans, drawings, or specifications for buildings for their personal private residential use. (4) An individual who prepares drawings of the layout of materials or furnishings used in interior design or in the selection of materials or furnishings pursuant to a retail sale including any of the following: a. Decorative accessories. b. Wall coverings, wall finishes, or paint. c. Floor coverings, tile, wood, stone, or concrete. d. Window coverings. e. Lighting fixtures which do not disrupt structural elements. f. Plumbing fixtures which do not disrupt structural elements. 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 HB337 INTRODUCED Page 12 elements. g. Professional services limited to the design of kitchen and bath spaces or the specification of products for kitchen and bath areas in noncommercial settings. h. Furniture, equipment, cabinetry, or millwork, if the preparation or implementation of those drawings or the installation of those materials or furnishings is not regulated by any building code or other law, ordinance, rule, or regulation governing the alteration or construction of a structure unless regulated items are reviewed and approved by a registered design professional as defined by the International Building Code. Section 3. This act shall become effective on October 1, 2025. 309 310 311 312 313 314 315 316 317 318 319 320 321