Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2805 Compare Versions

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1	1	SENATE . . . . . . . . . . . . . . No. 2805
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, June 3, 2024.
8	8	The committee on Senate Ways and Means to whom was referred the Senate Bill relative
9	9	to advancing the profession of commercial interior design (Senate, No. 2408), - reports,
10	10	recommending that the same ought to pass with an amendment substituting a new draft with the
11	11	same title (Senate, No. 2805).
12	12	For the committee,
13	13	Michael J. Rodrigues 1 of 9
14	14	FILED ON: 6/3/2024
15	15	SENATE . . . . . . . . . . . . . . No. 2805
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act relative to advancing the profession of commercial interior design.
22	22	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
23	23	of the same, as follows:
24	24	1 SECTION 1. Section 45 of chapter 7C of the General Laws, as appearing in the 2022
25	25	2Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
26	26	3the following subsection:-
27	27	4 (a) There shall be, within the executive office for administration and finance, a designer
28	28	5selection board, consisting of:10 members appointed by the governor, 3 of whom shall be
29	29	6registered architects in the commonwealth, architects who are unregistered in the commonwealth
30	30	7but have not less than 10 years’ experience as an architect registered by a National Council of
31	31	8Architectural Registration Boards member board or architects emeritus, 3 of whom shall be
32	32	9certified interior designers with not less than 10 years of experience as a National Council for
33	33	10Interior Design Qualifications certified Massachusetts interior designer, 2 of whom shall be
34	34	11registered engineers, or currently unregistered but with not less than 10 years’ experience as a
35	35	12registered engineer, and 2 of whom shall be representatives of the public who are not architects,
36	36	13engineers or construction contractors. Three additional members shall be designated as follows:
37	37	141 registered architect selected by the Massachusetts chapter of the American Association of 2 of 9
38	38	15Architects; 1 registered engineer selected by the government affairs council of design
39	39	16professionals; and 1 general contractor selected by the Associated General Contractors of
40	40	17Massachusetts, Inc. No member shall have a record of disciplinary action. Members shall be
41	41	18appointed for terms of 2 years and may be reappointed for not more than 1 successive 2-year
42	42	19term. The director shall designate a representative, who shall be the project manager in the case
43	43	20of a project under the jurisdiction of the office of project management, to act as a nonvoting
44	44	21member of the board for each project under their jurisdiction under consideration by the board.
45	45	22 SECTION 2. Chapter 13 of the General Laws is hereby amended by adding the following
46	46	23section:-
47	47	24 Section 110. (a) There shall be a board of registration of commercial interior designers,,
48	48	25consisting of 5 members appointed by the governor, 4 of whom shall have been engaged in the
49	49	26practice of interior design for a period of not less than 10 years prior to their appointment and
50	50	27shall be registered commercial interior designers and 1 of whom shall be a member of the
51	51	28general public. Members of the board shall be residents of the commonwealth.
52	52	29 (b) Each member of the board shall serve for a term of 3 years and until the governor
53	53	30appoints a successor. No member shall be appointed to more than 2 consecutive full terms;
54	54	31provided, however, that a member appointed for less than a full term may serve 2 full terms in
55	55	32addition to such part of a full term; and provided further, that a former member shall be eligible
56	56	33for appointment after a lapse of 1 year.
57	57	34 (c) A member may be removed by the governor for neglect of duty, misconduct or
58	58	35malfeasance or misfeasance in office after written notice of the charges against them and an 3 of 9
59	59	36opportunity to be heard. Upon the death, resignation or removal for cause of any member of the
60	60	37board, the governor shall fill the vacancy for the remainder of that member's term.
61	61	38 (d) The members of the board shall serve without compensation but shall be reimbursed
62	62	39for actual and necessary expenses reasonably incurred in the performances of their duties as
63	63	40members or on behalf of the board.
64	64	41 (e) The board shall hold not less than 2 regular meetings annually and may hold special
65	65	42meetings as required. The board shall organize and choose from its own members, a chair, a vice
66	66	43chair and a secretary at the first regular annual meeting. A quorum shall consist of 3 members.
67	67	44 (f) The board may make such rules or by-laws as it may deem necessary in the
68	68	45performance of its duties. The board shall have a seal and its members may administer oaths in
69	69	46the performance of its duties. The board shall have power to summon witnesses, take testimony
70	70	47and require proofs concerning all matters within its jurisdiction. The board shall annually file
71	71	48with the commissioner of professional licensure a report of its proceedings, which shall include
72	72	49an itemized statement of all receipts and expenses of the board for the year.
73	73	50 SECTION 3. Chapter 112 of the General Laws, as so appearing, is hereby amended by
74	74	51adding the following 7 sections:-
75	75	52 Section 290. As used in sections 291 to 296, inclusive, the following words shall have the
76	76	53following meanings unless the context clearly requires otherwise:
77	77	54 “Board”, the board of registration of commercial interior designers established in section
78	78	55110 of chapter 13. 4 of 9
79	79	56 "Building", an enclosed structure that has human occupancy or habitation as its principal
80	80	57purpose as defined in the state building code.
81	81	58 “Certificate of registration”, the 2-year license to practice commercial interior design
82	82	59issued by the board.
83	83	60 "International Building Code", the edition of the International Building Code, issued by
84	84	61the International Code Council, as most recently adopted by the commonwealth, including
85	85	62Massachusetts amendments.
86	86	63 “Practice of commercial interior design", in relation to obtaining a building permit
87	87	64independent of an architect licensed under sections 60A to 60Q, inclusive, the preparation of a
88	88	65plan or specification for, or the supervision of new construction, alteration or repair of, an
89	89	66interior space within a newly constructed or existing building when the core and shell structural
90	90	67elements will not be changed; provided, however, that the "practice of commercial interior
91	91	68design” shall not include: (i) providing commercial construction documents, independent of a
92	92	69licensed architect, for a space that: (A) does not already have base building life safety
93	93	70components installed or designed and permitted, including required exit stairs and enclosures,
94	94	71paths of travel, ramps, horizontal exit passageways, disabled access, fire alarm systems and base
95	95	72building fire suppression systems; or (B) is undergoing a change of occupancy classification as
96	96	73described in the International Building Code; or (ii) changes to or the addition of foundations,
97	97	74beams, trusses, columns or other primary structural framing members or seismic systems,
98	98	75structural concrete slabs, floor and roof framing structures or bearing and shear walls, openings
99	99	76in roofs, floors, exterior walls or bearing and shear walls, exterior doors, windows, awnings,
100	100	77canopies, sunshades, signage or similar exterior building elements as described in the 5 of 9
101	101	78International Building Code, life safety equipment, including smoke, fire or carbon dioxide
102	102	79sensors, detectors or other overhead building elements as described in the International Building
103	103	80Code, bracing for partial height partitions if the top of the partition is more than 8 feet above the
104	104	81floor, heating, ventilating or air conditioning equipment or distribution systems, building
105	105	82management systems, high or medium voltage electrical distribution systems, standby or
106	106	83emergency power systems or distribution systems, plumbing or plumbing distribution systems,
107	107	84fire alarm systems, fire sprinklers systems, security or monitoring systems or related building
108	108	85systems.
109	109	86 Section 291. Upon approval by the board, an individual who has passed the interior
110	110	87design examination administered by the National Council for Interior Design Qualification may
111	111	88use the title Registered Commercial Interior Designer. Such individual shall, upon satisfactory
112	112	89completion of the aforementioned requirements and any other requirements and qualifications as
113	113	90deemed necessary by the board, send to the board a copy of documentation of the proof of: (i)
114	114	91passage of the exam; (ii) graduation and completion of an accredited inter design program; (iii)
115	115	92any certifications awarded to the individual by the National Council for Interior Design
116	116	93Qualification; (iv) and any other documentation as required by the board. Such documentation
117	117	94shall include, but not be limited to, the individual’s name, mailing address and email address;
118	118	95provided, however, that such individual shall update the board of any changes to such
119	119	96information as they occur. Such documentation shall be placed on file with the division of
120	120	97professional licensure.
121	121	98 Section 292. (a) Each applicant seeking to become a registered commercial interior
122	122	99designer shall pay to the board, upon filing their original application, a fee to be determined
123	123	100annually by the commissioner of administration. After verification of the documentation required 6 of 9
124	124	101pursuant to section 291 and receipt of the application fee, the board shall issue a certificate of
125	125	102registration for a period of 2 years. The commissioner of professional licensure or their designee,
126	126	103as the custodian of any documentation required by section 291, shall enforce this section and
127	127	104may use said documentation, or any lack thereof, as deemed necessary, notwithstanding any
128	128	105general or special law or rule or regulation to the contrary.
129	129	106 A registered commercial interior designer shall be required to complete continuing
130	130	107education courses. Continuing education shall be gained through coursework delivered in
131	131	108education credits. The quantity and content designation of education credits shall be determined
132	132	109by the board.
133	133	110 It shall be unlawful for any individual who is not approved by the board to use the title
134	134	111Registered Commercial Interior Designer or any title or device indicating that an individual is a
135	135	112registered commercial interior designer.
136	136	113 Nothing in this section shall prohibit a person from performing commercial interior
137	137	114design services or using the title commercial interior designer, commercial interiors consultant,
138	138	115commercial interior decorator or a similar title; provided, however, that the word “registered”
139	139	116shall not be used in conjunction with such a title.
140	140	117 No individual shall engage in the practice of architecture, engineering or any other
141	141	118occupation regulated under the laws of the commonwealth or to prepare, sign or seal plans with
142	142	119respect to such practice or in connection with any governmental permits unless licensed or
143	143	120otherwise permitted to do so under such laws. 7 of 9
144	144	121 Nothing in this section shall prohibit any person from performing professional services
145	145	122limited to the planning, design and implementation of kitchen and bath spaces or the
146	146	123specification of products for kitchen and bath spaces.
147	147	124 Nothing in this section shall prohibit an employee of a retail establishment from
148	148	125providing consultation regarding interior design, decoration, furnishings, furniture or fixtures
149	149	126offered for sale by such establishment from receiving compensation from such establishment.
150	150	127 (b) Notwithstanding any general or special law to the contrary, an individual who has
151	151	128completed not less than at least 10 years of full-time, diversified, verifiable professional
152	152	129experience in the profession of interior design shall be eligible for provisional registration;
153	153	130provided, however, that the individual applies for registration not more than within 12 months
154	154	131after the first annual meeting of the board, said individual has applied for registration.
155	155	132 Said applicant, upon review and consent of the board, may be issued a provisional
156	156	133registration and be given three 3 calendar years from the first meeting of the board to provide
157	157	134substantial proof to the board of successful passage of the National Council for Interior Design
158	158	135Qualification examination, at which time full registration will be granted. If proof is not provided
159	159	136to the board within the allotted time period, said applicant’s provisional registration shall be
160	160	137revoked. Reapplication, including satisfaction of all requirements at the time of re-application,
161	161	138shall be required for registration. During the time period of provisional registration, said
162	162	139individual is required to maintain all current fees and uphold all requirements for registration and
163	163	140renewal until such time as the examination requirement is fulfilled. 8 of 9
164	164	141 (b) Any individual violating sections 290 to 296, inclusive, may be punished by a fine of
165	165	142not more than $500 or by imprisonment in a jail or house of correction for not more than 3
166	166	143months, or both, or by revocation of registration by the board.
167	167	144 Section 293. Each registered commercial interior designer shall have a seal of a design
168	168	145authorized by the board. All plans, specifications and reports prepared by a registered
169	169	146commercial interior designer or under their supervision shall be stamped with the impression of
170	170	147such seal. A registered commercial interior designer shall impress their seal on any plans,
171	171	148specifications or reports if their certificate of registration is in full force and if they were the
172	172	149author of such plans, specifications or reports or were responsible for their preparation.
173	173	150 Section 294. Annually, not later than January 31, the board shall prepare a roster showing
174	174	151the names and the last known places of business of all registered commercial interior designers
175	175	152in the commonwealth. Such roster shall be posted on a publicly available website.
176	176	153 Section 295. (a) Upon receipt of a written application, the board may grant a certificate of
177	177	154registration as a commercial interior designer emeritus to an interior designer who has retired
178	178	155from the active practice of commercial interior design in the commonwealth. To be eligible for a
179	179	156certificate of registration as a commercial interior designer emeritus, the applicant shall: (i)
180	180	157submit an application together with a fee prescribed by the board; (ii) have been a commercial
181	181	158interior designer in good standing in the commonwealth at the time of their retirement; (iii) be
182	182	159not less than 65 years of age; (iv) have been a registered a commercial interior designer in the
183	183	160commonwealth for not less than 10 years; (v) have relinquished their license to practice
184	184	161commercial interior design; and (vi) satisfy any other requirements as may be prescribed by the
185	185	162board. 9 of 9
186	186	163 (b) A commercial interior designer emeritus shall neither engage in nor hold themselves
187	187	164out as engaging in the practice of commercial interior design. A commercial interior designer
188	188	165emeritus shall be exempt from the continuing education requirements established in section 292.
189	189	166 (c) A commercial interior designer emeritus seeking reinstatement as a commercial
190	190	167interior designer shall: (i) file an application for reinstatement with the board; (ii) pay an
191	191	168administrative fee that shall be determined by the board; and (iii) comply with education or other
192	192	169requirements established by the board.
193	193	170 Section 296. The board shall be charged with the enforcement of sections 290 to 296,
194	194	171inclusive. If any person refuses to obey any decision of the board, the attorney general shall,
195	195	172upon request of the board, file a petition for the enforcement of such decision in equity in Suffolk
196	196	173county superior court or in the county in which the defendant resides or has a place of business.
197	197	174After due hearing, the court shall order the enforcement of such decision or any part thereof, if
198	198	175legally and properly made by the board.
199	199	176 SECTION 4. Section 1 shall not affect or reduce the tenure of members of the designer
200	200	177selection board serving at the time of the effective date of this act.