First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0544.01 Kristen Forrestal SENATE BILL 11-067 SENATE SPONSORSHIP Jahn, HOUSE SPONSORSHIP Massey, Senate Committees House Committees Business, Labor and Technology A BILL FOR AN ACT Concerning registered interior designers. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires an interior designer who prepares interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and who files the documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, county, or regional building authority to apply for registration and receive a certificate of registration from the division of registrations within the department of regulatory agencies (division) prior to filing the documents and specifications. The applicant for registration must demonstrate that specific educational requirements have been met at the time of application for registration. The director of the division is required to issue a certificate of registration to the applicant that states the applicant is a "registered interior designer". Nothing in the bill prohibits the use of the title "interior designer" by a person who is not a registered interior designer. Interior designers who do not perform the tasks specified are not required to register with the division. The bill also identifies specific tasks that interior designers are prohibited from performing. The director may take disciplinary action against registered interior designers for specified reasons. The registration of interior designers is subject to sunset review and is repealed, effective July 1, 2021. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 25 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 4 REGISTERED INTERIOR DESIGNERS 12-25-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Director" means the director of the division of registrations in the department of regulatory agencies. (2) "Division" means the division of registrations in the department of regulatory agencies. (3) "Nonstructural" or "nonseismic" means interior elements or components that are not load-bearing, do not assist in the seismic design, and do not require design computations for a building's structure. Common nonstructural or nonseismic elements or components include ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building. (4) "Registered interior designer" means a person who engages in: (a) Consultation, study, design analysis, drawing, space planning, and specification for nonstructural or nonseismic interior construction with due concern for the life safety of the occupants of the building; (b) Preparing and filing interior design documents for the purpose of obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans; (c) Designing for fabrication nonstructural elements within and surrounding interior spaces of buildings; or (d) The administration of design construction and contract documents, as the clients' agent, relating to the functions described in paragraphs (a) to (c) of this subsection (4) and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise. 12-25-402. Registration requirements - education - application - qualifications. (1) An interior designer who prepares interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and who files the documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, county, or regional building authority shall apply for registration and receive a certificate of registration from the division prior to filing the documents and specifications. (2) Every applicant for registration as a registered interior designer shall possess written documentation that he or she: (a) (I) (A) Has graduated with a degree in interior design from a college or university offering such program consisting of four or more years of study and has completed two years of interior design experience; or (B) Has graduated with a degree in interior design from a college or university offering such program consisting of two or more years of study and has completed four years of interior design experience; and (II) Has met the education and experience requirements of, and has subsequently passed, the qualification examination promulgated by the national council for interior design qualification or its successor organization; or (b) Has engaged in the functions of a registered interior designer for a minimum number of years as determined by the director. (3) When an applicant has fulfilled the requirements of subsection (2) of this section, the applicant may apply for registration upon payment of a fee in an amount determined by the director. The application shall be in a form and manner designated by the director. The director shall issue a registration to the applicant that states the applicant is a "registered interior designer"; except that the director may deny registration to an applicant if the applicant has committed any act that would be grounds for disciplinary action under section 12-25-405. (4) (a) An applicant for registration by endorsement shall file an application and pay a fee as prescribed by the director and shall hold a current, valid license or registration in a jurisdiction that requires qualifications substantially equivalent to those required for registration by subsection (2) of this section. (b) An applicant for registration shall submit with the application verification that the applicant has actively practiced for a period of time determined by rules of the director or otherwise maintained continued competency as determined by the director. (c) Upon receipt of all documents required by paragraphs (a) and (b) of this subsection (4), the director shall review the application and make a determination of the applicant's qualification to be registered by endorsement. (d) The director may deny the registration if the applicant has committed an act that would be grounds for disciplinary action under section 12-25-405. (5) (a) A registrant is required to renew the registration issued under this article according to a schedule of renewal dates established by the director. The registrant shall submit an application in the form and manner designated by the director and pay a renewal fee in an amount determined by the director. (b) Registrations shall be renewed or reinstated in accordance with the schedule established by the director, and such renewal or reinstatement shall be granted pursuant to section 24-34-102 (8), C.R.S. The director may establish renewal fees and delinquency fees for reinstatement pursuant to section 24-34-105, C.R.S. If a registrant fails to renew his or her registration pursuant to the schedule established by the director, the registration expires. Any person whose registration has expired is subject to the penalties provided in this article or section 24-34-102 (8), C.R.S., for reinstatement. (6) All fees collected under this article are determined, collected, and appropriated in the same manner as set forth in section 24-34-105, C.R.S., and periodically adjusted in accordance with section 24-75-402, C.R.S. 12-25-403. Title protection. Nothing in this section prohibits the use of the title "interior designer" by a person who is not a registered interior designer. An interior designer who does not perform the tasks in section 12-25-402 (1) is not required to register with the division of registrations and shall not use the title "registered interior designer". 12-25-404. Scope of practice - limitations. (1) An interior designer shall not be engaged in the construction of the structural frame system supporting a building; mechanical, plumbing, heating, air conditioning, ventilation, or electrical vertical transportation systems; fire-rated vertical shafts in any multi-story structure; fire-related protection of structural elements; smoke evacuation and compartmentalization; emergency sprinkler systems; emergency alarm systems; or any other alteration affecting the life safety of the occupants of a building. (2) Nothing in this part 4 shall preclude a person who is licensed to practice architecture under part 3 of this article from engaging in interior design activities without being registered under this part 4. 12-25-405. Grounds for disciplinary action - authority and proceedings - rules. (1) The director may deny, suspend, revoke, or refuse to renew the registration of a registered interior designer for the following reasons: (a) Failure to pay the fees established by the director pursuant to section 12-25-402 (3); (b) Fraud, misrepresentation, deceit, or material misstatement of fact in procuring or attempting to procure a certification; (c) Violation of, or aiding or abetting in the violation of, this part 4, any rule promulgated by the director in conformance with this part 4, or any order of the director issued in conformance with this part 4; (d) Performing services beyond one's competency, training, or education; (e) Failure to render adequate professional control of persons engaged in interior design activities under the responsible control of a registered interior designer; (f) Habitual intemperance with respect to, or excessive use of, a habit-forming drug, a controlled substance as defined in section 18-18-102, C.R.S., or an alcoholic beverage, any of which renders him or her unfit to engage in interior design activities; (g) Any use of a schedule I controlled substance, as described in section 18-18-203, C.R.S.; (h) Failure to pay a fine assessed under this part 4; (i) Failure to report to the director any registered interior designer known to have violated this part 4 or any order or rule of the director; (j) Mental incompetency; (k) Selling or fraudulently obtaining or furnishing a certification or renewal of a certification to engage in interior design activities; or (l) Engaging in conduct that is intended to, or reasonably might be expected to, mislead the public into believing that the person is a registered interior designer. (2) (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the director, does not warrant formal action by the director but that should not be dismissed as being without merit, the director may issue and send, by certified mail, a letter of admonition to the registered interior designer. (b) When the director sends a letter of admonition by certified mail to a registered interior designer, the director shall advise the person that he or she has the right to request in writing, within twenty days after receipt of the letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. (c) If the request for adjudication is timely made, the letter of admonition is deemed vacated and the matter is processed by means of formal disciplinary proceedings. (d) When a complaint or investigation discloses an instance of conduct that does not warrant formal action by the director and, in the opinion of the director, the complaint should be dismissed, but the director has noticed indications of possible errant conduct by the registered interior designer that could lead to serious consequences if not corrected, the director may issue and send a confidential letter of concern to the registered interior designer. (e) Any disciplinary action in another state or jurisdiction on grounds substantially similar to those that would constitute a violation under this part 4 is prima facie evidence of grounds for disciplinary action, including denial of certification under this part 4. (3) (a) In addition to the penalties provided for in subsection (2) of this section, any person violating this part 4 or any standards or rules promulgated pursuant to this part 4 may be punished upon a finding of misconduct by the director made pursuant to article 4 of title 24, C.R.S. In an administrative proceeding against a registered interior designer, the director may impose a fine of not more than five thousand dollars for each violation of this part 4. (b) All fines collected pursuant to this part 4 shall be transferred to the state treasurer, who shall credit the moneys to the general fund. (4) If, as a result of a proceeding held pursuant to article 4 of title 24, C.R.S., the director determines that a registered interior designer has acted in such a manner as to be subject to disciplinary action, the director may, in lieu of or in addition to other forms of disciplinary action that may be authorized by this part 4, require a registered interior designer to take courses of training or education relating to his or her profession. The director shall determine the conditions that may be imposed on such person, including, but not limited to, the type and number of hours of training or education. All training or education courses are subject to approval by the director, and the registered interior designer shall be required to furnish satisfactory proof of completion of any such training or education. (5) (a) The director, upon his or her own motion may, and upon the receipt of a signed complaint in writing from any person shall, investigate the activities of any registered interior designer or other person that present grounds for disciplinary action under this part 4. (b) Disciplinary hearings shall be conducted by the director or by an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., and shall be held in the manner prescribed in article 4 of title 24, C.R.S. (c) (I) The director or an administrative law judge shall have the power to administer oaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant papers, books, records, documentary evidence, and materials in any hearing, investigation, accusation, or other matter coming before the director. (II) Upon failure of any witness to comply with such subpoena or process, the district court of the county in which the subpoenaed person or registrant resides or conducts business, upon application by the director with notice to the subpoenaed person or registered interior designer, may issue to the person or registered interior designer an order requiring that person or registered interior designer to appear before the director; to produce the relevant papers, books, records, documentary evidence, or materials if so ordered; or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court. (d) (I) If it appears to the director, based upon credible evidence as presented in a written complaint by any person, that a registered interior designer is acting in a manner that is an imminent threat to the health and safety of the public, or a person is acting or has acted without the required registration, the director may issue an order to cease and desist such activity. The order shall set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful or unregistered acts immediately cease. (II) Within ten days after service of the order to cease and desist pursuant to subparagraph (I) of this paragraph (d), the registered interior designer or person alleged to have acted without registration may request a hearing on the question of whether acts in violation of this part 4 have occurred. Such hearing shall be conducted pursuant to sections 24-4-104 and 24-4-105, C.R.S. (e) (I) If it appears to the director, based upon credible evidence as presented in a written complaint by any person, that a person has violated this part 4, then, in addition to any specific powers granted pursuant to this part 4, the director may issue to such person an order to show cause as to why the director should not issue a final order directing such person to cease and desist from the unlawful or unregistered act. (II) The director shall promptly notify a person against whom an order to show cause has been issued pursuant to this paragraph (e) of the issuance of the order, along with a copy of the order, the factual and legal basis for the order, and the date set by the director for a hearing on the order. Such notice may be served by personal service, by first-class United States mail, postage prepaid, or as may be practicable upon any person against whom such order is issued. Personal service or mailing of an order or document pursuant to this paragraph (e) shall constitute notice thereof to the person. (III) The hearing on an order to show cause shall be commenced no sooner than ten and no later than forty-five calendar days after the date of transmission or service of the notification by the director as provided in subparagraph (II) of this paragraph (e). The hearing may be continued by agreement of all parties based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter, but in no event shall the hearing commence later than sixty calendar days after the date of transmission or service of the notification. (IV) If a person against whom an order to show cause has been issued pursuant to subparagraph (I) of this paragraph (e) does not appear at the hearing, the director may present evidence that notification was properly sent or served upon such person pursuant to subparagraph (II) of this paragraph (e) and such other evidence related to the matter as the director deems appropriate. The director shall issue the order within ten days after the director's determination related to reasonable attempts to notify such person, and the order becomes final as to that person by operation of law. Such hearing shall be conducted pursuant to sections 24-4-104 and 24-4-105, C.R.S. (V) If the director reasonably finds that the person against whom the order to show cause was issued is acting or has acted without the required registration or has or is about to engage in acts or practices constituting violations of this part 4, a final cease-and-desist order may be issued directing such person to cease and desist from further unlawful or unregistered acts. (VI) The director shall provide notice, in the manner set forth in subparagraph (II) of this paragraph (e), of the final cease-and-desist order within ten calendar days after the hearing conducted pursuant to subparagraph (III) of this paragraph (e) to each person against whom the final order has been issued. The final order issued pursuant to subparagraph (V) of this paragraph (e) shall be effective when issued and is a final order for purposes of judicial review. (f) If it appears to the director, based upon credible evidence presented to the director, that a person has engaged in or is about to engage in an unregistered act; any act constituting a violation of this part 4, a rule promulgated pursuant to this part 4, or an order issued pursuant to this part 4; or any act constituting grounds for administrative sanction pursuant to this part 4, the director may enter into a stipulation with the person. (g) If a person fails to comply with a final cease-and-desist order or a stipulation, the director may request the attorney general or the district attorney for the judicial district in which the alleged violation exists to bring, and if so requested such attorney shall bring, suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of the final order. (h) A person aggrieved by the final cease-and-desist order may seek judicial review of the director's determination or of the director's final order in a court of competent jurisdiction. (i) The director may, in the name of the people of the state of Colorado, through the attorney general of the state of Colorado, apply for an injunction in any court of competent jurisdiction to enjoin any person from committing an act declared to be a violation of this part 4. In order to obtain such injunction the director need not prove irreparable injury. (j) Except as provided in paragraphs (h) and (i) of this subsection (5), the court of appeals shall have initial jurisdiction to review all final actions and orders of the director that are subject to judicial review. Such proceedings shall be conducted in accordance with section 24-4-106 (11), C.R.S. (k) When a complaint or an investigation discloses an instance of misconduct that, in the opinion of the director, warrants formal action, the complaint shall not be resolved by a deferred settlement, action, judgment, or prosecution. (l) The director may promulgate rules as necessary for the administration of this part 4. 12-25-406. Repeal of part. This part 4 is repealed, effective July 1, 2021. Prior to the repeal, the registration of interior designers shall be reviewed pursuant to section 24-34-104, C.R.S. SECTION 2. Repeal. 12-25-303 (6), Colorado Revised Statutes, is repealed. SECTION 3. 24-34-104, Colorado Revised Statutes, is amended to read: 24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (52) The following agencies, functions, or both, shall terminate on July 1, 2021: (a) The workers' compensation classification appeals board, created in article 55 of title 8, C.R.S. (b) The registration of interior designers pursuant to part 4 of article 25 of title 12, C.R.S. SECTION 4. Effective date - applicability. This act shall take effect July 1, 2011, and shall apply to interior designers on or after said date. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.