MI
Michigan House Bill HB5960

Michigan 2023-2024 Regular Session

Michigan House Bill HB5960 Compare Versions

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11 HOUSE BILL NO. 5960 A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 303a and 601 (MCL 339.303a and 339.601), section 303a as amended by 2014 PA 265 and section 601 as amended by 2016 PA 412, and by adding article 20a. the people of the state of michigan enact:
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2323 HOUSE BILL NO. 5960
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2727 A bill to amend 1980 PA 299, entitled
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3131 by amending sections 303a and 601 (MCL 339.303a and 339.601), section 303a as amended by 2014 PA 265 and section 601 as amended by 2016 PA 412, and by adding article 20a.
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3333 the people of the state of michigan enact:
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3535 1 2 3 4 Sec. 303a. The term of office of a member of a board appointed under this article shall commence commences on 1 of the following dates, as applicable: Accountancy July 1 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 29 Architects April 1 Barbers October 1 Collection agencies July 1 Cosmetology January 1 Employment agencies October 1 Hearing aid dealers October 1 Land surveyors April 1 Landscape architects July 1 Mortuary science July 1 Professional engineers April 1 Real estate appraisers July 1 Real estate brokers and salespersons July 1 Interior designers April 1 Residential builders April 1 Sec. 601. (1) A person shall not engage in or attempt to engage in the practice of an occupation regulated under this act or use a title designated in this act unless the person possesses a license or registration issued by the department for the occupation. (2) A school, institution, or person shall not operate or attempt to operate a barber college, school of cosmetology, or real estate school unless the school, institution, or person is licensed or approved by the department. (3) Subject to section 411, a person whose license or registration is suspended, revoked, or lapsed, as determined by the records of the department, is considered unlicensed or unregistered. (4) Except as otherwise provided for in section 735, a person, school, or institution that violates subsection (1) or (2) is 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 29 guilty of a misdemeanor, punishable by a fine of not more than $500.00, or imprisonment for not more than 90 days, or both. (5) Except as otherwise provided for in section 735, a person, school, or institution that violates subsection (1) or (2) a second or any subsequent time is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both. (6) Notwithstanding subsections (4) and (5), a person that is not licensed under article 24 as a residential builder or a residential maintenance and alteration contractor and that violates subsection (1) or (2) is guilty as follows: (a) In the case of For a first offense, a misdemeanor punishable by a fine of not less than $5,000.00 or more than $25,000.00, or imprisonment for not more than 1 year, or both. (b) In the case of For a second or subsequent offense, a misdemeanor punishable by a fine of not less than $5,000.00 or more than $25,000.00, or imprisonment for not more than 2 years, or both. (c) In the case of For an offense that causes death or serious injury, a felony punishable by a fine of not less than $5,000.00 or more than $25,000.00, or imprisonment for not more than 4 years, or both. (7) Notwithstanding subsections (4) and (5), a person that is not licensed under article 20 as an architect, professional engineer, or professional land surveyor and that violates subsection (1) or (2) is guilty as follows: (a) In the case of For a first offense, a misdemeanor punishable by a fine of not less than $5,000.00 or more than $25,000.00 or imprisonment for not more than 93 days, or both. 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 29 (b) In the case of For a second or subsequent offense, a misdemeanor punishable by a fine of not less than $5,000.00 or more than $25,000.00 or imprisonment for not more than 1 year, or both. (c) In the case of For an offense that causes death or serious injury, a felony punishable by a fine of not less than $5,000.00 or more than $25,000.00 or imprisonment for not more than 4 years, or both. (8) If a trier of fact finds that a person has violated this act, the trier of fact shall require that person to make restitution, based on proofs submitted to and findings made by the trier of fact as provided by law. (9) Notwithstanding the existence and pursuit of any other remedy, an affected person may maintain injunctive action to restrain or prevent a person from violating subsection (1) or (2). If successful in obtaining injunctive relief, the affected person is entitled to actual costs and attorney fees. (10) This act does not apply to a person that is engaging in or practicing any of the following: (a) Interior design. (a) (b) Residential building design. As used in this subdivision, "residential building design" means the rendering of residential design services for a detached 1- and 2-family residence building by a person that is exempt from the requirements of section 2012. (b) (c) Any activity for which the person is licensed under article 11 of the skilled trades regulation act, MCL 339.6101 to 339.6133. (c) (d) Any activity for which the person is licensed under article 8 of the skilled trades regulation act, MCL 339.5801 to 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 29 339.5819. (d) (e) Any activity for which the person is licensed under article 7 of the skilled trades regulation act, MCL 339.5701 to 339.5739. (11) As used in subsection (9), "affected person" means a person that is directly affected by the actions of a person suspected of violating subsection (1) or (2) and includes, but is not limited to, a licensee or registrant, a board established under this act, the department, a person that utilizes the services of the person that is engaging in or attempting to engage in an occupation that is regulated under this act or using a title that is designated by this act without being licensed or registered by the department, or a private association that is composed primarily of members of the occupation in which the person is engaging in or attempting to engage in or in which the person is using a title designated under this act without being registered or licensed by the department. (12) An investigation may be conducted under article 5 to enforce this section. A person that violates this section is subject to this section and sections 506, 602, and 606. (13) The department, the attorney general, or a county prosecutor may utilize forfeiture as a remedy in the manner provided for in section 606. (14) The remedies under this section are independent and cumulative. The use of 1 remedy by a person does not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person. (15) An interior designer may perform services in connection with the design of interior spaces including preparation of 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 29 documents relative to finishes, systems furniture, furnishings, fixtures, equipment, and interior partitions that do not affect the building mechanical, structural, electrical, or fire safety systems. (16) At the time a court enters a conviction under subsection (4), (5), or (6), the court shall notify, by mail, facsimile transmission, or electronic mail, email, the department of the conviction. Article 20a Sec. 2015. As used in this article: (a) "Architect" means an individual licensed as an architect under article 20. (b) "Building equipment" means a mechanical, plumbing, electrical, or structural component, including a conveyance, designed for or located in a building or structure. (c) "Conveyance" means an elevator, dumbwaiter, vertical reciprocating conveyor, escalator, or other motorized vertical transportation system. (d) "Council for interior design accreditation" means the nonprofit accrediting organization for interior design education programs at colleges and universities in the United States or a successor to the organization. (e) "Council for interior design qualification" means the international credentialing organization that administers the National Council for Interior Design Qualification certification examination for the profession of interior design or a successor to the organization. (f) "Interior designer" means an individual engaged in the practice of interior design who holds a license under this article 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 29 that allows the interior designer to sign and seal an interior technical submission under section 2022. (g) "Interior technical submission" means a design, drawing, specification, study, or other technical report that establishes the scope of an interior alteration or interior construction project. (h) "Practice of interior design" means the design of an interior space as a part of an interior alteration or interior construction project. Practice of interior design includes, but is not limited to, either of the following: (i) Preparation of an interior technical submission related to space planning, finish materials, furnishings, fixtures, and equipment, not including building equipment. (ii) Preparation of a document related to interior construction that does not affect the engineered systems of a building. (iii) Programming, planning, pre-design analysis, and conceptual design of interior nonstructural elements, including, but not limited to, the selection of materials, furniture, fixtures, and equipment, but not building equipment. (iv) Alteration or construction of interior nonstructural elements and any interior technical submissions related to alteration or construction. (v) Preparation of a physical plan of space within a proposed or existing building or structure that may include all of the following: (A) Determinations of circulation systems or patterns. (B) Determinations of the location of exit requirements based on occupancy loads. (C) Assessment and analysis of interior safety factors to 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 29 comply with building codes related to interior nonstructural elements. (vi) Application of building codes, fire codes, and accessibility standards, including, but not limited to, the federal Americans with disabilities act of 1990, Public Law 101-336, as applicable to interior technical submissions for interior nonstructural elements. (vii) Rendering of designs, plans, drawings, specifications, contract documents, or other interior technical submissions and administration of interior nonstructural element construction and contracts that relate to nonstructural elements in interior alteration or construction of a proposed or existing building or structure. (i) "Practice of interior design" does not include any of the following: (i) Except as otherwise provided in this section, services that constitute the practice of professional engineering or professional architecture. (ii) Making changes or additions to any of the following: (A) The structural system of a building, including changing the building's live or dead load on the structural system. (B) The building envelope, including, but not limited to, exterior walls, exterior wall coverings, exterior wall openings, exterior windows and doors, architectural trim, balconies and similar projections, bay and oriel windows, roof assemblies and rooftop structures, and glass and glazing for exterior use in both vertical and sloped applications in buildings and structures. (C) The mechanical, plumbing, heating, air conditioning, ventilation, electrical, vertical transportation, fire sprinkler, 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 29 or fire alarm systems. (D) Means of egress systems, except for the exit access component. (E) 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 multistory structures. (F) Changes of building use to occupancies not already allowed by the current building. (G) The construction classification of the building or structure according to the international building code. (j) "Responsible charge" means supervisory control of work that an individual has detailed professional knowledge of. In respect to the preparation of an interior technical submission, responsible charge means the exercise, direction, guidance, and restraining power over the preparation of the interior technical submission. Responsible charge does not include the review of an interior technical submission prepared by another individual unless the individual had responsible charge over the interior technical submission. Sec. 2016. (1) The interior design board is created. (2) The board may hire any of the following individuals that the board finds necessary to implement the board's duties under this article: (a) An executive director. (b) Legal counsel. (c) Investigator. (d) Professional consultant. 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 29 (e) Any other employee. Sec. 2017. The board shall promulgate rules to implement this article under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, including, but not limited to, rules that govern all of the following: (a) The adoption of a common seal. (b) Creation and maintenance of a roster of interior designers. (c) Continuing education requirements for license renewal under section 2021. (d) Implementation and enforcement of this article. Sec. 2018. (1) Beginning January 1, 2026 and not later than 4 years after the effective date of the amendatory act that added this section, the department shall issue an interior design license to an individual who does either of the following: (a) Submits to the department a document from the council for interior design qualification that verifies both of the following: (i) The individual passed an examination prepared and administered by the council for interior design qualification. (ii) The individual meets the conditions and eligibility standards of the council for interior design qualification. (b) As determined by the department, meets the conditions and eligibility standards of the council for interior design qualification. (2) Beginning 4 years after the effective date of the amendatory act that added this article, the department shall issue an interior design license to an individual who meets all of the following: (a) As determined by the department, successfully completed 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 29 any of the following: (i) An interior design program accredited by the council for interior design accreditation or another national accrediting body approved by the department. (ii) An interior design program that is substantially equivalent to the program described in subparagraph (i), as determined by the department. (iii) An alternate education review process administered by the council for interior design qualification. (b) As determined by the department, successfully completed either of the following: (i) An interior design experience program administered by the council for interior design qualification. (ii) A supervised work experience program approved by the department that is substantially equivalent to the program described in subparagraph (i). (c) To the department's satisfaction, does either of the following: (i) Submits a document from the council for interior design qualification that verifies that the individual passed an examination prepared and administered by the council for interior design qualification. (ii) Passes an examination approved by the department that is substantially similar to the examination prepared and administered by the council for interior design qualification. (d) Submits any other information that the department requires. Sec. 2019. Notwithstanding the requirements of section 2018, the department may issue an interior design license to an 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 29 individual who holds an interior design license from an equivalent department, board, or authority, as determined by the department, in at least 1 other state of the United States. The other state must have qualifications that are greater or equal to the qualifications under this article on the date of the individual's application for licensure. Sec. 2020. (1) An interior design license issued to an individual under section 2018 or 2019 must include all of the following: (a) The individual's name. (b) A serial number assigned to the individual. (c) The chairperson's and secretary of the board's signature. (d) The board's official stamp. (2) An individual who receives an interior design license under section 2018 or 2019 may use the title of "Licensed Interior Designer" in connection with the individual's practice of interior design. Sec. 2021. (1) As a condition for renewal of an interior design license, a licensee must complete not less than 12 hours of continuing education per year. The continuing education courses must comply with the rules promulgated by the board under section 2017. (2) In addition to the renewal requirements under section 204, a licensee seeking to renew an interior design license shall submit to the department proof acceptable to the department of compliance with the board's continuing education requirements. Sec. 2022. (1) An interior designer must have a reproducible seal, either mechanical or electronic, that contains all of the following: 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 29 (a) The interior designer's name. (b) The interior designer's serial number. (c) The statement: "Licensed Interior Designer, State of Michigan". (2) On the first page of any interior technical submission under an interior designer's responsible control that is required to be submitted to a state or local governmental agency for approval or record, the interior designer shall affix by print, type, stamp, or otherwise imprint mechanically or electronically all of the following: (a) The interior designer's signature. (b) The date the document was signed by the interior designer. (c) The statement: "My license expires _____.". (d) The interior designer's reproducible seal. (3) Except as otherwise provided under subsection (4), an interior designer shall not sign and seal an interior technical submission that the interior designer did not prepare or that was not under the interior designer's responsible control. (4) An interior designer may sign the following documents that the interior designer did not prepare or that were not under the interior designer's responsible control: (a) An interior technical submission prepared by another interior designer that the interior designer has reviewed in whole or in part and has coordinated the preparation of the submission or integrated the submission into an interior alteration or interior construction project. (b) A document not required to be prepared by an interior designer under this act that the interior designer reviewed and adopted, in whole or in part, portions of the document and 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 29 integrated the portions into an interior alteration or interior construction project. (5) If an interior designer signs and seals an interior technical submission that was prepared under the interior designer's responsible control by a person not regularly employed by the same employer as the interior designer, the interior designer shall maintain and make available to the board on the board's request, records that demonstrate the extent of the interior designer's control over and detailed professional knowledge of the interior technical submission throughout the preparation of the submission. (6) An interior designer may sign and seal an interior technical submission and may submit the interior technical submission to a state or local governmental entity for the purpose of obtaining a requisite permit for an interior alteration or construction project. Sec. 2023. (1) In addition to other penalties prescribed by law, an interior designer who does 1 or more of the following is subject to the penalties under article 6: (a) Except as otherwise provided in section 2022, signs or affixes the interior designer's seal to plans, drawings, specifications, or other instruments of services that were not prepared by the interior designer or the interior designer's office, or were not under the interior designer's responsible control. (b) Aids an unauthorized individual to practice as an interior designer, including, but not limited to, by allowing the unauthorized individual to use the interior designer's name to avoid the requirements of this article. 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 29 (2) In addition to the penalties prescribed under article 6, an interior designer who violates this article is subject to additional education or counseling. (3) A person that engages in the practice of interior design may be found responsible for a violation of this article that is committed by an individual employed by that person. Sec. 2024. The following persons are exempt from licensure under this article: (a) An architect. (b) An employee of an architect or an interior designer if the work the employee performs does not include responsible control or supervision. (c) A consultant retained by an architect or interior designer. (d) An individual who prepares plans, drawings, or specifications for buildings that are for the individual's private use. (e) An individual who prepares drawings of the layout of material or furnishing used in interior design or provides assistance in the selection of material or furnishing used in interior design, including, but not limited to, any of the following: (i) Decorative accessories. (ii) Wallcoverings, wall finishes, or paint. (iii) Floor coverings, tile, wood, stone, or concrete. (iv) Window coverings. (v) Lighting or plumbing fixtures that do not disrupt structural elements. (vi) Furniture, equipment, cabinetry, or millwork. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (f) An individual who performs an activity traditionally performed by an interior designer that is limited to the planning, design, and implementation of kitchen and bathroom spaces or the specification of products for kitchen and bathroom areas, in a noncommercial setting. Sec. 2025. (1) A person that provides information to the board in good faith and without malicious intent that relates to an investigation of an applicant for licensure or a licensee is immune from civil liability that arises from providing that information. (2) A person that assists the board in the investigation or prosecution of an alleged violation of this article or a proceeding for licensure or renewal of an interior design license is immune from any civil liability that arises from a decision or action made by the person that was taken in good faith and without malicious intent in response to information received by the board. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: (a) Senate Bill No.____ or House Bill No. 5961 (request no. 03749'23 a). (b) Senate Bill No.____ or House Bill No. 5962 (request no. 05414'24).
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4545 Sec. 303a. The term of office of a member of a board appointed under this article shall commence commences on 1 of the following dates, as applicable:
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182182 Sec. 601. (1) A person shall not engage in or attempt to engage in the practice of an occupation regulated under this act or use a title designated in this act unless the person possesses a license or registration issued by the department for the occupation.
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184184 (2) A school, institution, or person shall not operate or attempt to operate a barber college, school of cosmetology, or real estate school unless the school, institution, or person is licensed or approved by the department.
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186186 (3) Subject to section 411, a person whose license or registration is suspended, revoked, or lapsed, as determined by the records of the department, is considered unlicensed or unregistered.
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188188 (4) Except as otherwise provided for in section 735, a person, school, or institution that violates subsection (1) or (2) is
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248248 guilty of a misdemeanor, punishable by a fine of not more than $500.00, or imprisonment for not more than 90 days, or both.
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250250 (5) Except as otherwise provided for in section 735, a person, school, or institution that violates subsection (1) or (2) a second or any subsequent time is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.
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254254 (a) In the case of For a first offense, a misdemeanor punishable by a fine of not less than $5,000.00 or more than $25,000.00, or imprisonment for not more than 1 year, or both.
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256256 (b) In the case of For a second or subsequent offense, a misdemeanor punishable by a fine of not less than $5,000.00 or more than $25,000.00, or imprisonment for not more than 2 years, or both.
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258258 (c) In the case of For an offense that causes death or serious injury, a felony punishable by a fine of not less than $5,000.00 or more than $25,000.00, or imprisonment for not more than 4 years, or both.
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260260 (7) Notwithstanding subsections (4) and (5), a person that is not licensed under article 20 as an architect, professional engineer, or professional land surveyor and that violates subsection (1) or (2) is guilty as follows:
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262262 (a) In the case of For a first offense, a misdemeanor punishable by a fine of not less than $5,000.00 or more than $25,000.00 or imprisonment for not more than 93 days, or both.
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326326 (8) If a trier of fact finds that a person has violated this act, the trier of fact shall require that person to make restitution, based on proofs submitted to and findings made by the trier of fact as provided by law.
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328328 (9) Notwithstanding the existence and pursuit of any other remedy, an affected person may maintain injunctive action to restrain or prevent a person from violating subsection (1) or (2). If successful in obtaining injunctive relief, the affected person is entitled to actual costs and attorney fees.
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330330 (10) This act does not apply to a person that is engaging in or practicing any of the following:
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334334 (a) (b) Residential building design. As used in this subdivision, "residential building design" means the rendering of residential design services for a detached 1- and 2-family residence building by a person that is exempt from the requirements of section 2012.
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336336 (b) (c) Any activity for which the person is licensed under article 11 of the skilled trades regulation act, MCL 339.6101 to 339.6133.
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400400 (d) (e) Any activity for which the person is licensed under article 7 of the skilled trades regulation act, MCL 339.5701 to 339.5739.
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402402 (11) As used in subsection (9), "affected person" means a person that is directly affected by the actions of a person suspected of violating subsection (1) or (2) and includes, but is not limited to, a licensee or registrant, a board established under this act, the department, a person that utilizes the services of the person that is engaging in or attempting to engage in an occupation that is regulated under this act or using a title that is designated by this act without being licensed or registered by the department, or a private association that is composed primarily of members of the occupation in which the person is engaging in or attempting to engage in or in which the person is using a title designated under this act without being registered or licensed by the department.
403403
404404 (12) An investigation may be conducted under article 5 to enforce this section. A person that violates this section is subject to this section and sections 506, 602, and 606.
405405
406406 (13) The department, the attorney general, or a county prosecutor may utilize forfeiture as a remedy in the manner provided for in section 606.
407407
408408 (14) The remedies under this section are independent and cumulative. The use of 1 remedy by a person does not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.
409409
410410 (15) An interior designer may perform services in connection with the design of interior spaces including preparation of
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470470 documents relative to finishes, systems furniture, furnishings, fixtures, equipment, and interior partitions that do not affect the building mechanical, structural, electrical, or fire safety systems.
471471
472472 (16) At the time a court enters a conviction under subsection (4), (5), or (6), the court shall notify, by mail, facsimile transmission, or electronic mail, email, the department of the conviction.
473473
474474 Article 20a
475475
476476 Sec. 2015. As used in this article:
477477
478478 (a) "Architect" means an individual licensed as an architect under article 20.
479479
480480 (b) "Building equipment" means a mechanical, plumbing, electrical, or structural component, including a conveyance, designed for or located in a building or structure.
481481
482482 (c) "Conveyance" means an elevator, dumbwaiter, vertical reciprocating conveyor, escalator, or other motorized vertical transportation system.
483483
484484 (d) "Council for interior design accreditation" means the nonprofit accrediting organization for interior design education programs at colleges and universities in the United States or a successor to the organization.
485485
486486 (e) "Council for interior design qualification" means the international credentialing organization that administers the National Council for Interior Design Qualification certification examination for the profession of interior design or a successor to the organization.
487487
488488 (f) "Interior designer" means an individual engaged in the practice of interior design who holds a license under this article
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548548 that allows the interior designer to sign and seal an interior technical submission under section 2022.
549549
550550 (g) "Interior technical submission" means a design, drawing, specification, study, or other technical report that establishes the scope of an interior alteration or interior construction project.
551551
552552 (h) "Practice of interior design" means the design of an interior space as a part of an interior alteration or interior construction project. Practice of interior design includes, but is not limited to, either of the following:
553553
554554 (i) Preparation of an interior technical submission related to space planning, finish materials, furnishings, fixtures, and equipment, not including building equipment.
555555
556556 (ii) Preparation of a document related to interior construction that does not affect the engineered systems of a building.
557557
558558 (iii) Programming, planning, pre-design analysis, and conceptual design of interior nonstructural elements, including, but not limited to, the selection of materials, furniture, fixtures, and equipment, but not building equipment.
559559
560560 (iv) Alteration or construction of interior nonstructural elements and any interior technical submissions related to alteration or construction.
561561
562562 (v) Preparation of a physical plan of space within a proposed or existing building or structure that may include all of the following:
563563
564564 (A) Determinations of circulation systems or patterns.
565565
566566 (B) Determinations of the location of exit requirements based on occupancy loads.
567567
568568 (C) Assessment and analysis of interior safety factors to
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628628 comply with building codes related to interior nonstructural elements.
629629
630630 (vi) Application of building codes, fire codes, and accessibility standards, including, but not limited to, the federal Americans with disabilities act of 1990, Public Law 101-336, as applicable to interior technical submissions for interior nonstructural elements.
631631
632632 (vii) Rendering of designs, plans, drawings, specifications, contract documents, or other interior technical submissions and administration of interior nonstructural element construction and contracts that relate to nonstructural elements in interior alteration or construction of a proposed or existing building or structure.
633633
634634 (i) "Practice of interior design" does not include any of the following:
635635
636636 (i) Except as otherwise provided in this section, services that constitute the practice of professional engineering or professional architecture.
637637
638638 (ii) Making changes or additions to any of the following:
639639
640640 (A) The structural system of a building, including changing the building's live or dead load on the structural system.
641641
642642 (B) The building envelope, including, but not limited to, exterior walls, exterior wall coverings, exterior wall openings, exterior windows and doors, architectural trim, balconies and similar projections, bay and oriel windows, roof assemblies and rooftop structures, and glass and glazing for exterior use in both vertical and sloped applications in buildings and structures.
643643
644644 (C) The mechanical, plumbing, heating, air conditioning, ventilation, electrical, vertical transportation, fire sprinkler,
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704704 or fire alarm systems.
705705
706706 (D) Means of egress systems, except for the exit access component.
707707
708708 (E) 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 multistory structures.
709709
710710 (F) Changes of building use to occupancies not already allowed by the current building.
711711
712712 (G) The construction classification of the building or structure according to the international building code.
713713
714714 (j) "Responsible charge" means supervisory control of work that an individual has detailed professional knowledge of. In respect to the preparation of an interior technical submission, responsible charge means the exercise, direction, guidance, and restraining power over the preparation of the interior technical submission. Responsible charge does not include the review of an interior technical submission prepared by another individual unless the individual had responsible charge over the interior technical submission.
715715
716716 Sec. 2016. (1) The interior design board is created.
717717
718718 (2) The board may hire any of the following individuals that the board finds necessary to implement the board's duties under this article:
719719
720720 (a) An executive director.
721721
722722 (b) Legal counsel.
723723
724724 (c) Investigator.
725725
726726 (d) Professional consultant.
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786786 (e) Any other employee.
787787
788788 Sec. 2017. The board shall promulgate rules to implement this article under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, including, but not limited to, rules that govern all of the following:
789789
790790 (a) The adoption of a common seal.
791791
792792 (b) Creation and maintenance of a roster of interior designers.
793793
794794 (c) Continuing education requirements for license renewal under section 2021.
795795
796796 (d) Implementation and enforcement of this article.
797797
798798 Sec. 2018. (1) Beginning January 1, 2026 and not later than 4 years after the effective date of the amendatory act that added this section, the department shall issue an interior design license to an individual who does either of the following:
799799
800800 (a) Submits to the department a document from the council for interior design qualification that verifies both of the following:
801801
802802 (i) The individual passed an examination prepared and administered by the council for interior design qualification.
803803
804804 (ii) The individual meets the conditions and eligibility standards of the council for interior design qualification.
805805
806806 (b) As determined by the department, meets the conditions and eligibility standards of the council for interior design qualification.
807807
808808 (2) Beginning 4 years after the effective date of the amendatory act that added this article, the department shall issue an interior design license to an individual who meets all of the following:
809809
810810 (a) As determined by the department, successfully completed
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870870 any of the following:
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872872 (i) An interior design program accredited by the council for interior design accreditation or another national accrediting body approved by the department.
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874874 (ii) An interior design program that is substantially equivalent to the program described in subparagraph (i), as determined by the department.
875875
876876 (iii) An alternate education review process administered by the council for interior design qualification.
877877
878878 (b) As determined by the department, successfully completed either of the following:
879879
880880 (i) An interior design experience program administered by the council for interior design qualification.
881881
882882 (ii) A supervised work experience program approved by the department that is substantially equivalent to the program described in subparagraph (i).
883883
884884 (c) To the department's satisfaction, does either of the following:
885885
886886 (i) Submits a document from the council for interior design qualification that verifies that the individual passed an examination prepared and administered by the council for interior design qualification.
887887
888888 (ii) Passes an examination approved by the department that is substantially similar to the examination prepared and administered by the council for interior design qualification.
889889
890890 (d) Submits any other information that the department requires.
891891
892892 Sec. 2019. Notwithstanding the requirements of section 2018, the department may issue an interior design license to an
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952952 individual who holds an interior design license from an equivalent department, board, or authority, as determined by the department, in at least 1 other state of the United States. The other state must have qualifications that are greater or equal to the qualifications under this article on the date of the individual's application for licensure.
953953
954954 Sec. 2020. (1) An interior design license issued to an individual under section 2018 or 2019 must include all of the following:
955955
956956 (a) The individual's name.
957957
958958 (b) A serial number assigned to the individual.
959959
960960 (c) The chairperson's and secretary of the board's signature.
961961
962962 (d) The board's official stamp.
963963
964964 (2) An individual who receives an interior design license under section 2018 or 2019 may use the title of "Licensed Interior Designer" in connection with the individual's practice of interior design.
965965
966966 Sec. 2021. (1) As a condition for renewal of an interior design license, a licensee must complete not less than 12 hours of continuing education per year. The continuing education courses must comply with the rules promulgated by the board under section 2017.
967967
968968 (2) In addition to the renewal requirements under section 204, a licensee seeking to renew an interior design license shall submit to the department proof acceptable to the department of compliance with the board's continuing education requirements.
969969
970970 Sec. 2022. (1) An interior designer must have a reproducible seal, either mechanical or electronic, that contains all of the following:
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10301030 (a) The interior designer's name.
10311031
10321032 (b) The interior designer's serial number.
10331033
10341034 (c) The statement: "Licensed Interior Designer, State of Michigan".
10351035
10361036 (2) On the first page of any interior technical submission under an interior designer's responsible control that is required to be submitted to a state or local governmental agency for approval or record, the interior designer shall affix by print, type, stamp, or otherwise imprint mechanically or electronically all of the following:
10371037
10381038 (a) The interior designer's signature.
10391039
10401040 (b) The date the document was signed by the interior designer.
10411041
10421042 (c) The statement: "My license expires _____.".
10431043
10441044 (d) The interior designer's reproducible seal.
10451045
10461046 (3) Except as otherwise provided under subsection (4), an interior designer shall not sign and seal an interior technical submission that the interior designer did not prepare or that was not under the interior designer's responsible control.
10471047
10481048 (4) An interior designer may sign the following documents that the interior designer did not prepare or that were not under the interior designer's responsible control:
10491049
10501050 (a) An interior technical submission prepared by another interior designer that the interior designer has reviewed in whole or in part and has coordinated the preparation of the submission or integrated the submission into an interior alteration or interior construction project.
10511051
10521052 (b) A document not required to be prepared by an interior designer under this act that the interior designer reviewed and adopted, in whole or in part, portions of the document and
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11121112 integrated the portions into an interior alteration or interior construction project.
11131113
11141114 (5) If an interior designer signs and seals an interior technical submission that was prepared under the interior designer's responsible control by a person not regularly employed by the same employer as the interior designer, the interior designer shall maintain and make available to the board on the board's request, records that demonstrate the extent of the interior designer's control over and detailed professional knowledge of the interior technical submission throughout the preparation of the submission.
11151115
11161116 (6) An interior designer may sign and seal an interior technical submission and may submit the interior technical submission to a state or local governmental entity for the purpose of obtaining a requisite permit for an interior alteration or construction project.
11171117
11181118 Sec. 2023. (1) In addition to other penalties prescribed by law, an interior designer who does 1 or more of the following is subject to the penalties under article 6:
11191119
11201120 (a) Except as otherwise provided in section 2022, signs or affixes the interior designer's seal to plans, drawings, specifications, or other instruments of services that were not prepared by the interior designer or the interior designer's office, or were not under the interior designer's responsible control.
11211121
11221122 (b) Aids an unauthorized individual to practice as an interior designer, including, but not limited to, by allowing the unauthorized individual to use the interior designer's name to avoid the requirements of this article.
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11821182 (2) In addition to the penalties prescribed under article 6, an interior designer who violates this article is subject to additional education or counseling.
11831183
11841184 (3) A person that engages in the practice of interior design may be found responsible for a violation of this article that is committed by an individual employed by that person.
11851185
11861186 Sec. 2024. The following persons are exempt from licensure under this article:
11871187
11881188 (a) An architect.
11891189
11901190 (b) An employee of an architect or an interior designer if the work the employee performs does not include responsible control or supervision.
11911191
11921192 (c) A consultant retained by an architect or interior designer.
11931193
11941194 (d) An individual who prepares plans, drawings, or specifications for buildings that are for the individual's private use.
11951195
11961196 (e) An individual who prepares drawings of the layout of material or furnishing used in interior design or provides assistance in the selection of material or furnishing used in interior design, including, but not limited to, any of the following:
11971197
11981198 (i) Decorative accessories.
11991199
12001200 (ii) Wallcoverings, wall finishes, or paint.
12011201
12021202 (iii) Floor coverings, tile, wood, stone, or concrete.
12031203
12041204 (iv) Window coverings.
12051205
12061206 (v) Lighting or plumbing fixtures that do not disrupt structural elements.
12071207
12081208 (vi) Furniture, equipment, cabinetry, or millwork.
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12541254 (f) An individual who performs an activity traditionally performed by an interior designer that is limited to the planning, design, and implementation of kitchen and bathroom spaces or the specification of products for kitchen and bathroom areas, in a noncommercial setting.
12551255
12561256 Sec. 2025. (1) A person that provides information to the board in good faith and without malicious intent that relates to an investigation of an applicant for licensure or a licensee is immune from civil liability that arises from providing that information.
12571257
12581258 (2) A person that assists the board in the investigation or prosecution of an alleged violation of this article or a proceeding for licensure or renewal of an interior design license is immune from any civil liability that arises from a decision or action made by the person that was taken in good faith and without malicious intent in response to information received by the board.
12591259
12601260 Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
12611261
12621262 (a) Senate Bill No.____ or House Bill No. 5961 (request no. 03749'23 a).
12631263
12641264 (b) Senate Bill No.____ or House Bill No. 5962 (request no. 05414'24).