California Building Officials Oppose SB-1312

In a letter dated April 11, 2008, Senator Leland Yee (D, San Francisco/SanMateo) was informed that the California Building Officials voted to oppose SB1312, which had been sponsored by Senator Yee. The reasons cited by Matthew Wheeler, Director of Public Affairs, included:

"...CALBO's members are primarily responsible for enforcing building code requirements in an estimated 95% of the buildings constructed in California. As such, we have a solid background and understanding of the professional standards and scope of professional work permitted by all registered design professionals, including; Architects, Engineers and Interior Designers.

"As you know, SB 1312 would create the California Architects and Registered Interior Designers Board from the currently titled and appointed California Architects Board. Among other provisions, SB 1312 would increase the scope of work allowable by licensed Interior Designers. Once submitted, local California building departments would now be required to accept this work under specified circumstances outlined within the measure.

"It is the opinion of CALBO that this bill seeks to expand the role of the Interior Designer into a scope that is not within the best interests of the public. The current life-safety design building provisions accepted by building departments are the product of licensed Architects and Engineers who have met stringent education and testing standards currently required under California state law. This is a fundamental issue of public safety, ensuring that only those persons who are well qualified to work within the structural and seismic intricacies of the building code are permitted to do so.

"Further, the assertion that the newly adopted International Building Code (IBC) limits the scope of work allowable by "registered design professionals," is in our opinion not factual. Designers are permitted to practice in areas that are exempt from the practice of Architecture or Engineering. There has not been a change from what we have done in the past although our state has adopted a new model building code."

HELP FIGHT LEGISLATION IN CALIFORNIA

From Patti Morrow, Interior Design Protection Council (www.idpcinfo.org):

California designers,

I just received a heads-up to ask you to email and call your state representative, Senator Don Perata who is the Senate President Pro Tem. This is particularly important if you live in District 9.

As you know, despite the strong opposition to the licensing bill, it narrowly passed out of Committee to Appropriations with the express understanding that the bill would need to be substantially amended if it was to proceed further. Well, we've received the amendments, and frankly, when you read between the lines, it would still prevent you from practicing and now, possibly even submitting plans to building departments (unless, of course, you graduate from an approved interior design program, intern for an NCIDQ certificate holder for 2-4 years, and pass the NCIDQ exam).

NOW IS THE TIME TO GET INVOLVED. This is a serious matter that may very well jeopardize your ability to continue working in California, for no reason other than a small group of elitist designers has decided to restrict the practice of design to their members only.

Please click here Senator.Perata@sen.ca.gov to send an email to Sen. Perata, and also take a few moments to phone his legislative office and voice your opposition to the licensing of interior designers.

Some of the points to mention on the phone call are:

1. Your name, business and address
2. The type of business you have
3. That you oppose Senate Bill 1312 because it will impact your ability to continue to earn a living in the state of California
4. The bill, if passed, will mean that you may no longer furnish design services in the state and not be able to submit plans to building departments (if you do that)
5. There is no need to regulate the design industry since there is no evidence that the public is being harmed by the continued non-licensing of designers; construction code enforcement officials, building inspectors, architects, engineers, licensed contractors, fire inspectors and others already perform those functions and insure that the public is protected
6. Licensing will increase the cost of doing business in California and the cost of design services to the consumer, all at a time when the economy is dangerous close to recession. Why make it more difficult for us to compete and stay in business?

Feel free to personalize and add comments of your own as well. Keep the message brief (3-4 minutes tops) but make it clear that passage of this bill will impact your ability to work and earn a living in California.

DON'T THINK THAT OTHERS WILL DO THIS ON YOUR BEHALF. We need to make sure the Senator receives many phone calls and emails to his office in order to influence him to act on our behalf. The phone number of the Senator's office in the Capital is (916) 651-4009; the number at his district office is (510) 286-1333.

Please take a few moments and protect your right and the right of your clients to continue providing interior design services.

Health, Safety and Welfare in Florida

I heard a news story from Florida last week. The "Today" show talked more about the situation this morning. A young woman and mother of two (Denise Lee), was kidnapped, raped and murdered. There were several 911 calls, including one from Mrs. Lee herself, and a witness who reported to 911 exactly where the abductor's car was. Her death could have been prevented, if the 911 operators had passed the information to the sheriff.

I became enraged when they reported that:

• 911 operators currently don't have any in-depth training, and of course, there are no certificates or licenses required to be a 911 operator.
  
• These operators certainly affect the health, safety, and welfare of every caller.
  
• Interior designers in Florida are required to be certified, even if they perform duties of a decorator.
  
• The young windower has to petition to sue the county, and the procedure takes at least six months. What is his recourse if the county refuses his petition?
  
• The board that controls the interior design profession in Florida has a dedicated attorney who reports every infraction of interior designers not complying with the law; the "illegal" designers are fined, and must prove compliance or cease doing business.
  
• Do the designers have any legal recourse?
  

Nothing we do will bring back Denise Lee. Her life was needlessly ended because no one protected her health, safety, and welfare.

I have so many questions, and so few answers: What's wrong with our culture? Where are our priorities? What can we do to re-balance the scales of justice?

California NKBA Members Fight Legislation

At Issue: Practice Act which requires anyone performing interior design services to be licensed; passage of NCIDQ exam required

Impact: Members may no longer perform kitchen and bath design services, including drawings, specifying fixtures and furnishings, and analyzing client's needs, as well as any services "to enhance the quality and function of an interior area".

Action: Contact your Representatives and Members of the Committee to Voice Objections

Timing: ACT NOW.

NKBA needs your help in letting the members of the Senate Business, Professions and Economic Development Committee know that it should reject the efforts of a handful of interior designers who do not represent the design community to corner the market on interior design and not support Senate Bill 1312. California already has a voluntary, self-certification regulation that is not mandated or supported by state law. This bill would establish a state agency to regulate (and tax) the profession, put many thousands of our members and interior designers out of business, increase the cost to the consumer and do nothing to protect the public. THIS LAW WILL ABSOLUTELY PLACE YOUR BUSINESS AT RISK!

YOU ARE AN INTERIOR DESIGNER UNDER THE PROPOSED BILL. The bill contains a broad, sweeping definition of Interior design which will surely cover the many services you provide. Interior design is defined in the bill to include, but is not limited to, the following:

-- rendering services to enhance the quality and function of an interior area within a structure; -- analysis of a client's needs and goals for the interior area;
-- use of a systematic and coordinated methodology, including research, analysis, and integration of knowledge into the creative process, to satisfy the needs of a client in order to produce an interior space that fulfills a project's goals;
-- formulation of preliminary and final designs and contract documents;
-- preparation of specifications for partitions, materials, finishes, furniture, fixtures and equipment; and
-- collaboration with other registered design professionals

Unless you are licensed or otherwise exempt, this Bill will affect your ability to work in the State of California. While there are a number of requirements and conditions for licensure, the basic requirement is that you must have passed the NCIDQ exam, completed two to four years of design education and completed an internship of two to four years depending on the program from which you graduate.

LIMITED RETAIL: You will be told that retailers will be exempt from the license requirements. THAT IS NOT TRUE. Employees of a retail establishment will be permitted to provide consultation regarding interior decoration or furnishings on the premises of the retail establishment or in the furtherance of a retail sale or prospective retail sale. WHAT YOU DO ON A DAILY BASIS WILL NOT BE CONSIDERED "CONSULTATION REGARDING INTERIOR DECORATION". Excluded from this "grant" is any form of design service whatsoever. Furthermore, this exemption applies only to employees of retail businesses - left out are owners, independent contractors and independent designers who work out of a studio or other location, those who do not sell at retail and others who are not considered "employees" of a retail business.

LIMITED RIGHT TO PRACTICE: Unless licensed, you will only be "allowed" to prepare drawings of the layout of materials or furnishings or provide assistance in the selection of materials or furnishings provided that the implementation or installation of the materials or furnishings is not regulated by a building code or other regulation. IS THIS ALL YOU DO?

GRANDFATHERING? If you are already a Certified Interior Designer in California, you must take and pass Section I of the NCIDQ exam, provided that NCIDQ allows you to take the exam (which is doubtful given its strict education and internship eligibility requirements).

Make no mistake, if this bill passes, it will impact your business and ability to continue to offer kitchen and bath design services in the State of California.

It is imperative that our members let the Committee know that the design community does not support this restrictive, anticompetitive legislation and how much this law would hurt your businesses and the economy of the State of California. Let your fellow designers (both NKBA and non-NKBA interior designers, remodelers, and builders) know about this proposal and the need to act now. Please follow the link below to send a letter or email to the Committee members letting them know of your concern about the bill, how it will negatively impact your business, and your desire that it not be considered further.

With your help, we can make sure that California remains a favorable state in which to continue to do business. Our members are happy to compete on the merits and will match their skill and expertise with anyone; let's just keep the playing field even and allow the free market decide who should be hired for a project. Let your state legislators know that increased governmental regulation of your business is not necessary. You can send a letter or email to the Committee Members by clicking on the capwiz.com link.

PLEASE NOTE: The link will only send an email to representatives on the Committee who are in your legislative district. If a member is not in your district, then the email will go to your state representative. That is fine, but we need to let all of the Committee members know how many people this bill will affect. If your representative is not on the Senate Business, Professions and Economic Development Committee, please also send a copy of your message to each Committee member as well. Phone calls are also important.