It’s a very sensitive – and frequently polarizing – subject, but one that must be addressed. Dare we speak of it? Interior Design legislation – Title Act vs. Practice Act. Common first reaction: big yawn. But wait! Before your eyes glaze over and you decide sorting your laundry is more interesting than reading the rest of this article, consider this: the debate seriously impacts your future in the design industry. Now do we have your attention? We thought so.
Disclaimer: Since each jurisdiction operates under its own set of laws, always consult the regulatory agency associated with the jurisdiction in which you would like to practice. Visit www.ncidq.com for links to jurisdictions in the U.S. and Canada. Just like any political issue, rumors about interior design regulations are rampant. Since everything tends to be bigger in Texas, lately the rumor mill has been in overdrive, pumping out plenty of overblown misconceptions and even some hostility between designers and architects, designers and vendors, and, quite disturbingly, designers and decorators. On February 17, 2005, the North East Regional Board of the Texas Association for Interior Designers [TAID] hosted an impromptu meeting appropriately entitled The Texas Interior Design Practice Act: Facts, Myths, Questions, Answers. What spurred the meeting was the impending legislative invasion [February 27 – March 1] in the capitol city of Austin . A gathering of interior designers, industry partners and students alike all lobbied to encourage Texas politicians to legislate the current Title Act into a Practice Act. Confused already? We were afraid of that. Let’s provide a little back-story before we lose you altogether. What is an Interior Design Title Act?
It’s what the following jurisdictions currently have:
- Arkansas
- Connecticut
- Georgia
- Illinois
- Kentucky
- Maine
- Maryland
- Minnesota
- Missouri
- New Jersey
- New Mexico
- New York
- Tennessee
- Texas
- Virginia
- Wisconsin
Note: California has a Self-Certification “Certified Interior Designer” registration law and Colorado has an Interior Design Permitting Statute registration law. Title Acts limit the use of the title “interior designer” (or other variations such as “certified interior designer,“ “registered interior designer,” etc). Only one who meets a set of qualifications – that have been agreed upon, legislated and regulated by a jurisdictional board – can truly call his- or herself an interior designer in any kind of business transaction. What exactly does this mean to YOU?
If you work (and/or live) in one of the jurisdictions listed above and have not passed the NCIDQ exam and then registered as an interior designer within that jurisdiction, then do not use the title “interior designer” anywhere on… business cards, letterhead, websites, directory listings, advertisements, brochures, or even in conversations with architects, contractors, state agencies or the general public. However, Title Acts don’t really stop people from practicing interior design, and therein lies the argument.
What’s an Interior Design Practice Act?
It’s what the following jurisdictions currently have:
- Alabama
- District of Columbia
- Florida
- Louisiana
- Nevada
- Puerto Rico
A Practice Act adds on to the fundamental principles of a Title Act, but it goes even further because it dictates what tasks a person can or cannot undertake, tightening the qualifications (education, experience, examination and registration) and limiting the field to established qualified professionals. Other professions commonly have Practice Acts and have for some time: architects, engineers, doctors and lawyers. The idea of restrictions on practicing within a profession is directly related to the motive of protecting the health, safety and welfare of the public the professionals serve. That verbiage should sound familiar to some of you since it’s included in all descriptions of interior design, as well as many continuing education requirements already in place for designers. What exactly does this mean to YOU?
Quite simply, you cannot practice interior design in one of the jurisdictions listed above if you have not passed the NCIDQ exam and then registered as an interior designer within that jurisdiction. To be absolutely clear, not only can you not call yourself some variation of “interior designer,” but you also cannot practice interior design or say that you do. However, the Practice Act has only to do with practicing interior design in regulated spaces, and therein lies part of the fears, rumors and controversies.
Fears, Rumors & Controversies (a couple of them, anyway)
1) What constitutes a “regulated space”? A regulated space is considered any space that is governed by codes: fire, local building, accessibility, etc. Most residences are not considered regulated spaces, but some municipalities are becoming more and more strict with their residential codes, so one should always check with the local building department. A definite example of where a Practice Act could affect the status quo: If a person not registered as an interior designer is working in that capacity on someone’s home (i.e. an unregulated space), and the homeowner asks that person to work on his or her business (offices, medical practice, apartment complex, shop, restaurant, hotel, office building common areas, etc.), then that person would have to decline or work under the direct supervision of a registered interior designer or architect. The Practice Act would not affect the ability of that person to help the business owner with the selection of a color scheme, art and accessories, or maybe even of the furniture layout of a personal office, but it most definitely would affect that person’s ability to work on space planning and some finish and furniture selection.
2) So what do people in that limbo period (the time between graduating from a design program and being allowed to take the NCIDQ exam) call themselves?
Under either a Title or Practice Act, the term design consultant seems to be the most popular choice for those who lean toward more of the commercial side of design and don’t want to refer to themselves as decorators. In conversation, one could simply say something like, “I am representing interior designer Mike Jones,” or “I am apprenticing under interior designer Mary Smith.” Many unregistered architects or architects in training to be registered call themselves intern architects, but that term can be confusing as most people think of interns only as students; however, the term intern interior designer is allowed in the State of Texas.
If you are a member of a professional organization like ASID or IIDA, then it is acceptable to use the designations Associate ASID or Associate IIDA. More and more, on business cards, one will see no designation or title listed whatsoever. For example: Joann Smith
XYZ Design Firm
123 Main Street
Anywhere, NY 10001
A note of caution: Under either a Title Act or a Practice Act, if you are working on your own and are not registered, then definitely do not even use the term interior design to describe the services you offer. That will get you into trouble with the regulating agency, as well as your peers. Whichever route you take, most likely you will have to educate those with whom you come into contact, but you should be doing that anyway in order to inform the public and gain more respect for the profession.
Tune in to THE “REAL” REAL WORLD next month when we will discuss:
- - more fears, rumors & controversies related to Practice Acts and interior design regulation in general
For related information, please also refer first to February 2005’s GO AHEAD… ASK ME, as well as March 2005’s GO AHEAD… ASK ME.
A sincere Thank You to both PAT McLAUGHLIN, ASID [President, TAID] and DONNA VINING, FASID [Executive Director, TAID] for their valuable input. |
