SENATE 3rd Reading Unamended February 27, 2012 SENATE Amended 2nd Reading February 24, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0170.01 Bob Lackner x4350 SENATE BILL 12-120 SENATE SPONSORSHIP Foster, HOUSE SPONSORSHIP Massey and Fischer, Senate Committees House Committees Local Government A BILL FOR AN ACT Concerning the existing ability of qualified interior designers to submit certain interior design construction documents to local government officials in connection with an application for a building permit. 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.) In connection with the filing of documentation submitted for the purpose of obtaining approval for a building permit issued by a county or municipality (local government), the bill restates existing statutory requirements under which county and municipal building departments are required to review interior design construction documents and specifications submitted by an interior designer who meets certain qualifications. A local government may adopt requirements in its building code or otherwise that are more strict than the requirements specified in the bill. The bill does not limit, restrict, prevent, or otherwise affect: Any person from using the title "interior design" or "interior designer"; Any of the legal rights or exemptions enjoyed by a person who is a licensed professional under statutory provisions governing architects; A person who is able to submit interior design construction documents and specifications as of the effective date of the bill from continuing to submit such documents in the same manner on or after such date; and Any person from designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of specified structures. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) Although existing statutory provisions authorize interior designers to file interior design documents and specifications for the purpose of obtaining approval for a building permit, the building or planning departments of some of the state's counties and municipalities provide inconsistent treatment with respect to interior design documents and specifications submitted by interior designers in connection with applications for building permits; (b) The timely and consistent review by county and municipal building authorities of interior design documents and specifications submitted by interior designers helps ensure that construction projects are completed on time and within their construction budgets; (c) The consideration of interior design documents and specifications submitted by interior designers in connection with the process for obtaining approval of a building permit helps promote healthy and safe communities as such documents manifest standards promoting indoor air quality and proper fire-resistant materials; and (d) Many students are pursuing degrees in interior design at Colorado institutions of higher education, and requiring local governments to review interior design documents and specifications prepared by specified groups of such professionals will enhance the value and marketability of their degrees, make it less likely such students will leave the state in pursuit of professional opportunities in their chosen field, and assist them in practicing their occupation to their fullest capacity. SECTION 2. In Colorado Revised Statutes, add 30-28-212 as follows: 30-28-212. Submission of interior design documents and specifications - interior designers - definition. (1) As used in this section, unless the context otherwise requires, "interior designer" means a person who: (a) Engages in: (I) 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; (II) Preparing and filing interior design documents and specifications 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; (III) Designing for fabrication nonstructural elements within and surrounding interior spaces of buildings; or (IV) The administration of design construction and contract documents and specifications, as the clients' agent, relating to the functions described in subparagraphs (I) to (III) of this paragraph (a), and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; and (b) Possesses written documentation that he or she: (I) Has graduated with: (A) 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) 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. (2) (a) Except as provided in paragraph (b) of this subsection (2), 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 may file such documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate county building authority. Upon submission of any such interior design documents and specifications, the county building authority shall accept for review the same, and may approve or reject any such filing in the same manner as for other professions. (b) Interior designers 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. Any interior designer shall, as a condition of filing interior design documents and specifications for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction a current copy of the interior designer's professional liability insurance coverage that is in force. No interior designer shall be subject to any of the requirements set forth in section 12-25-303 (1) (b) or (1) (d), C.R.S. (3) (a) Nothing in this section prevents, prohibits, or limits any county from adopting requirements in its building code or otherwise that are more strict than the requirements specified in subsection (2) of this section. (b) Nothing in this section shall be construed to limit, restrict, prevent, or otherwise affect: (I) Any person from using the title "interior design" or "interior designer"; (II) Any of the legal rights or exemptions enjoyed by a person who is a licensed professional under section 12-25-303, C.R.S.; and (III) A person who is able to submit interior design documents and specifications as of the effective date of this section from continuing to submit such documents in the same manner on or after such date. (c) Nothing in this section prevents any person, firm, corporation, or association from preparing interior design documents and specifications for designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of, any of the following: (I) One-, two-, three-, and four-family dwellings, including accessory buildings commonly associated with such dwellings; (II) Garages, industrial buildings, offices, farm buildings, and buildings for the marketing, storage, or processing of farm products, and warehouses, which do not exceed one story in height, exclusive of a one-story basement, and, under applicable building codes, are not designed for occupancy by more than ten persons; (III) Additions, alterations, or repairs to the buildings referred to in subparagraphs (I) and (II) of this paragraph (c) that do not cause the completed buildings to exceed the applicable limitations set forth in this paragraph (c); or (IV) Nonstructural alterations of any nature to any building if such alterations do not affect the life safety of the occupants of the building. SECTION 3. In Colorado Revised Statutes, 31-15-601, add (3) as follows: 31-15-601. Building and fire regulations - emission performance standards required - submission of interior design documents and specifications - interior designers - definition. (3) (a) As used in this subsection (3), unless the context otherwise requires, "interior designer" means a person who: (I) 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 and specifications 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 and specifications, as the clients' agent, relating to the functions described in sub-subparagraphs (A) to (C) of this subparagraph (I), and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; and (II) Possesses written documentation that he or she: (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 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 (B) 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. (b) (I) Except as provided in subparagraph (II) of this paragraph (b), 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 may file such documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate municipal building authority. Upon submission of any such interior design documents and specifications, the municipal building authority shall accept for review the same, and may approve or reject any such filing in the same manner as for other professions. (II) Interior designers 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. Any interior designer shall, as a condition of filing interior design documents and specifications for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction a current copy of the interior designer's professional liability insurance coverage that is in force. No interior designer shall be subject to any of the requirements set forth in section 12-25-303 (1) (b) or (1) (d), C.R.S. (c) (I) Nothing in this section prevents, prohibits, or limits any municipality from adopting requirements in its building code or otherwise that are more strict than the requirements specified in paragraph (b) of this subsection (3). (II) Nothing in this section shall be construed to limit, restrict, prevent, or otherwise affect: (A) Any person from using the title "interior design" or "interior designer"; (B) Any of the legal rights or exemptions enjoyed by a person who is a licensed professional under section 12-25-303, C.R.S.; and (C) A person who is able to submit interior design documents as of the effective date of this section, as amended, from continuing to submit such documents and specifications in the same manner on or after such date. (d) Nothing in this section prevents any person, firm, corporation, or association from preparing interior design documents and specifications for designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of, any of the following: (I) One-, two-, three-, and four-family dwellings, including accessory buildings commonly associated with such dwellings; (II) Garages, industrial buildings, offices, farm buildings, and buildings for the marketing, storage, or processing of farm products, and warehouses, which do not exceed one story in height, exclusive of a one-story basement, and, under applicable building codes, are not designed for occupancy by more than ten persons; (III) Additions, alterations, or repairs to the buildings referred to in subparagraphs (I) and (II) of this paragraph (d) that do not cause the completed buildings to exceed the applicable limitations set forth in this paragraph (d); or (IV) Nonstructural alterations of any nature to any building if such alterations do not affect the life safety of the occupants of the building. SECTION 4. Act subject to petition - effective date. This act takes effect September 1, 2012; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.