S.F. No. 376, as introduced - 86th Legislative Session (2009-2010) Posted on Feb 02, 2009
1.1A bill for an act1.2relating to licensing; changing certification for interior designers to licensing
1.3requirements;amending Minnesota Statutes 2008, section 326.02, subdivision
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2008, section 326.02, subdivision 4b, is amended to read:
1.7 Subd. 4b.
2.1(a) Any person shall be deemed to be practicing licensed interior design within
2.2the meaning of sections 326.02 to 326.15 who holds out as being able to perform or
2.3does perform any professional service in connection with the planning, design, or
2.4administration of construction for the purpose of ensuring compliance with specifications
2.5and design of any private or public interior spaces, including preparation of documents
2.6relative to non-load-bearing interior construction, programming, space planning, finishes,
2.7materials, and furnishings where the safeguarding of the occupants' life, health, safety, and
2.8welfare is concerned or involved, when the professional service requires the application
2.9of design theories related to human behavior and aesthetics, acquired by education and
2.10experience. Licensed interior designers are design professionals who are qualified by
2.11means of education, experience, and examination. For the purposes of this paragraph the
2.12following terms have the meanings given them.
2.13(1) "Administration" means a professional service as distinguished from
2.14superintending of construction and means the performance of reasonable and ordinary
2.15on-site observations to determine that the interior construction substantially complies with
2.16the approved drawings, plans, and specifications.
2.17(2) "Non-load-bearing interior construction" means an interior element or component
2.18that does not require design computations for a building's structure and does not support a
2.19vertical load of a structure other than its own weight, but it may support loads attached to
2.20it such as cabinetry, shelving, or grab bars.
2.21(3) "Human behavior" means the characteristics and behaviors of individuals
2.22and groups that relate to the physical environments in which they function, and to the
2.23processes of environmental modification and change.
2.24(b) Nothing contained in sections 326.02 to 326.15 concerning the practice of
2.25licensed interior design applies to:
2.26(1) an architect licensed under the laws of this state;
2.27(2) an employee or owner of a retail establishment providing consultation in the
2.28furtherance of a retail sale or prospective retail sale regarding interior finishes, furnishings,
2.29or cabinetry on behalf of the retail establishment;
2.30(3) a person who provides services or assistance in selection, sale, lease, or
2.31supply of surface materials, window treatments, wall coverings, paint, floor coverings,
2.32surface-mounted fixtures, and loose furnishings for the interiors of exempt buildings as
2.33described in section 326.03; or
2.34(4) a person who advertises and performs services in connection with any of the
3.1(i) dwellings for single families, and outbuildings in connection therewith, such as
3.2barns and private garages;
3.3(ii) two-family dwellings;
3.4(iii) any farm building or accessory thereto; or
3.5(iv) temporary buildings or sheds used exclusively for construction purposes, not
3.6exceeding two stories in height, and not used for living quarters.
3.7(c) The designation "licensed interior designer" or any title or device indicating or
3.8representing that the person is a licensed interior designer or is practicing licensed interior
3.9design shall only be used by a person licensed under the provisions of sections 326.02
3.11(d) Licensed interior designers shall not engage in the practice of architecture as
3.12defined in subdivision 2 or the practice of engineering as defined in subdivision 3.
3.13 Sec. 2. REVISOR'S INSTRUCTION.
3.14The revisor of statutes shall change the term "certified," or similar terms, to
3.15"licensed," or similar terms, wherever they appear in Minnesota Statutes and Minnesota
3.16Rules when referring to interior design regulated under Minnesota Statutes, chapter 326.