Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 117 (2016GS)

Sponsor

Sen. Escamilla, L.

Final action

Governor Signed 3/25/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• creates a state certification for the practice of commercial interior design;
• describes the practice of commercial interior design;
• describes the requirements to obtain state certification as a state certified commercial interior designer; and
• provides a sunset date.

Every vote on this bill

Bill text

COMMERCIAL INTERIOR DESIGN CERTIFICATION
MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
Mike Schultz
LONG TITLE
General Description:
This bill modifies the Division of Occupational and Professional Licensing Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates a state certification for the practice of commercial interior design;
▸ describes the practice of commercial interior design;
▸ describes the requirements to obtain state certification as a state certified
commercial interior designer; and
▸ provides a sunset date.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-258
, as last amended by Laws of Utah 2015, Chapters 40, 186, 187, 320, 367,
and 432
ENACTS:
58-86-101
, Utah Code Annotated 1953
58-86-102
, Utah Code Annotated 1953
58-86-103
, Utah Code Annotated 1953
58-86-201
, Utah Code Annotated 1953
58-86-202
, Utah Code Annotated 1953
58-86-203
, Utah Code Annotated 1953
58-86-204
, Utah Code Annotated 1953
58-86-205
, Utah Code Annotated 1953
58-86-206
, Utah Code Annotated 1953
58-86-301
, Utah Code Annotated 1953
58-86-302
, Utah Code Annotated 1953
58-86-401
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-86-101
 is enacted to read:
CHAPTER 86. STATE CERTIFICATION OF COMMERCIAL
INTERIOR DESIGNERS ACT
Part 1. General Provisions
 58-86-101.
Title and scope.
(1) This chapter is known as the "State Certification of Commercial Interior Designers
Act."
(2) Except for those practices specifically described in the definition of practice of
commercial interior design in Section 
58-86-102
, this chapter does not require that a person
obtain state certification as a state certified commercial interior designer to engage in an
activity traditionally performed by an interior designer or other design professional.
(3) This chapter does not limit the scope of practice of a person licensed to practice:
(a) architecture under Title 58, Chapter 3a, Architects Licensing Act; or
(b) professional engineering under Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act.
Section 2. Section 
58-86-102
 is enacted to read:
 58-86-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Building" means an enclosed structure, including the structural, mechanical, and
electrical systems, utility services, and other facilities required for the structure, that has human
occupancy or habitation as its principal purpose and is subject to the State Construction Code
or an approved code under Title 15A, State Construction and Fire Codes Act.
(2) "International Building Code" means the edition of the International Building Code,
issued by the International Code Council, most recently adopted by the state in Section
15A-2-103
.
(3) (a) "Practice of commercial interior design" means, in relation to obtaining a
building permit independent of an architect licensed under Title 58, Chapter 3a, Architects
Licensing Act, the preparation of a plan or specification for, or the supervision of new
construction, alteration, or repair of, an interior space within a newly constructed or existing
building when the core and shell structural elements are not going to be changed.
(b) "Practice of commercial interior design" only includes the preparation of a plan or
specification for, or the supervision of new construction, alteration, or repair of, a building to
be used for the following occupancy groups as described in the International Building Code:
(i) B; and
(ii) M.
(c) "Practice of commercial interior design" does not include:
(i) providing commercial construction documents, independent of a licensed architect,
for a space that:
(A) does not already have base building life safety components installed or designed
and permitted, including required exit stairs and enclosures, paths of travel, ramps, horizontal
exit passageways, disabled access, fire alarm systems, and base building fire suppression
systems; or
(B) is undergoing a change of occupancy classification as described in the International
Building Code; or
(ii) changes to or the addition of:
(A) foundations, beams, trusses, columns, or other primary structural framing members
or seismic systems;
(B) structural concrete slabs, floor and roof framing structures, or bearing and shear
walls;
(C) openings in roofs, floors, exterior walls, or bearing and shear walls;
(D) exterior doors, windows, awnings, canopies, sunshades, signage, or similar exterior
building elements;
(E) as described in the International Building Code, life safety equipment, including
smoke, fire, or carbon dioxide sensors or detectors, or other overhead building elements;
(F) as described in the International Building Code, partial height partitions with
mounted or anchored casework, shelving, or equipment;
(G) as described in the International Building Code, bracing for partial height
partitions if the top of the partition is more than eight feet above the floor; or
(H) heating, ventilating, or air conditioning equipment or distribution systems, building
management systems, high or medium voltage electrical distribution systems, standby or
emergency power systems or distribution systems, plumbing or plumbing distribution systems,
fire alarm systems, fire sprinklers systems, security or monitoring systems, or related building
systems.
(4) "State certification" means a designation granted by the division on behalf of the
state to an individual who has met the requirements for state certification related to an
occupation or profession described in this chapter.
(5) "State certified" means, when used in conjunction with an occupation or profession
described in this chapter, a title that:
(a) may be used by a person who has met the state certification requirements related to
that occupation or profession described in this chapter; and
(b) may not be used by a person who has not met the state certification requirements
related to that occupation or profession described in this chapter.
(6) "Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-86-301
.
Section 3. Section 
58-86-103
 is enacted to read:
 58-86-103.
Rulemaking.
When exercising rulemaking authority under this chapter, the division shall comply
with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 4. Section 
58-86-201
 is enacted to read:
Part 2. State Certification
 58-86-201.
State certification required.
(1) State certification is required to engage in the practice of commercial interior
design except as specifically provided in Section 
58-1-307
 or 
58-86-206
.
(2) The division shall grant state certification to a person who qualifies under this
chapter to engage in the practice of commercial interior design as a state certified commercial
interior designer.
Section 5. Section 
58-86-202
 is enacted to read:
 58-86-202.
Qualifications for state certification.
Each applicant for state certification as a state certified commercial interior designer
shall:
(1) submit an application in a form prescribed by the division;
(2) pay a fee determined by the department under Section 
63J-1-504
; and
(3) provide satisfactory evidence of:
(a) good moral character; and
(b) having qualified to take and having passed the examination of the National Council
for Interior Design Qualification, or an equivalent body as determined by division rule.
Section 6. Section 
58-86-203
 is enacted to read:
 58-86-203.
Term of state certification -- Expiration -- Renewal.
(1) (a) The division shall grant state certification under this chapter in accordance with
a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year
to stagger the renewal cycles it administers.
(2) At the time of renewal, an applicant for renewal shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory evidence of having completed the continuing education
requirements described in Section 
58-86-204
.
Section 7. Section 
58-86-204
 is enacted to read:
 58-86-204.
Continuing education.
(1) As a condition for the renewal of state certification under this chapter, a state
certified commercial interior designer, during each two-year state certification cycle, shall
complete 20 hours of continuing education that is offered or approved by the Interior Design
Continuing Education Council, or another entity as determined by division rule.
(2) At least 10 of the continuing education hours described in Subsection (1) shall
primarily emphasize health and safety.
(3) If a renewal cycle is extended or shortened under Section 
58-86-203
, the continuing
education hours required for renewal under this section shall be increased or decreased
proportionally.
Section 8. Section 
58-86-205
 is enacted to read:
 58-86-205.
Grounds for denial of state certification -- Disciplinary proceedings.
Grounds for refusing to issue state certification to an applicant, for refusing to renew
state certification to an applicant, for revoking, suspending, restricting, or placing on probation
the state certification of an individual certified under this chapter, for issuing a public or private
reprimand to an individual certified under this chapter, and for issuing a cease and desist order
shall be in accordance with Section 
58-1-401
.
Section 9. Section 
58-86-206
 is enacted to read:
 58-86-206.
Exemptions from state certification.
In addition to the exemptions from licensure in Section 
58-1-307
, the following may
engage in the stated acts or practices without being a state certified commercial interior
designer under this chapter:
(1) a person licensed to practice architecture under Title 58, Chapter 3a, Architects
Licensing Act, practicing architecture or performing architecture acts or interior design;
(2) a person providing permit drawings, if allowed under Section 
58-3a-304
 or
58-22-305
; and
(3) a person providing construction related documents not required for a building
permit.
Section 10. Section 
58-86-301
 is enacted to read:
Part 3. Unlawful Conduct
 58-86-301.
Unlawful conduct.
"Unlawful conduct" includes:
(1) using the title "state certified commercial interior designer" if the person is not a
state certified commercial interior designer in good standing under this chapter; or
(2) engaging in the practice of commercial interior design unless exempted from
licensure or state certification under Section 
58-1-307
 or 
58-86-206
.
Section 11. Section 
58-86-302
 is enacted to read:
 58-86-302.
Penalty for unlawful conduct.
(1) If upon inspection or investigation the division concludes that a person has violated
Subsections 
58-1-501
(1)(a) through (d), Section 
58-86-301
, or a rule or order issued with
respect to Section 
58-86-301
, and that disciplinary action is appropriate, the director or the
director's designee may:
(a) issue a citation to the person according to this chapter and any pertinent rules;
(b) attempt to negotiate a stipulated settlement; or
(c) notify the person to appear at an adjudicative proceeding conducted under Title
63G, Chapter 4, Administrative Procedures Act.
(2) A person who violates Subsections 
58-1-501
(1)(a) through (d), Section 
58-86-301
,
or a rule or order issued with respect to Section 
58-86-301
, as evidenced by an uncontested
citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
be assessed a fine pursuant to this chapter and may, in addition to or in lieu of the fine, be
ordered to cease and desist from violating Subsections 
58-1-501
(1)(a) through (d), Section
58-86-301
, or a rule or order issued with respect to Section 
58-86-301
.
(3) A citation issued under this chapter shall:
(a) be in writing;
(b) describe with particularity the nature of the violation, including a reference to the
provision of the chapter, rule, or order alleged to have been violated;
(c) clearly state that the recipient must notify the division in writing within 20 calendar
days of service of the citation if the recipient wishes to contest the citation at a hearing
conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
(d) clearly explain the consequences of failure to timely contest the citation or to make
payment of any fines assessed by the citation within the time specified in the citation.
(4) The division may issue a notice in lieu of a citation.
(5) A citation issued under this section, or a copy of the citation, may be served upon a
person upon whom a summons may be served in accordance with the Utah Rules of Civil
Procedure and may be made by mail or may be made personally or upon the person's agent by a
division investigator or by a person specially designated by the director.
(6) (a) If within 20 calendar days from the service of the citation the person to whom
the citation was issued fails to request a hearing to contest the citation, the citation becomes the
final order of the division and is not subject to further agency review.
(b) The period to contest a citation may be extended by the division for cause.
(7) The division may refuse to issue or renew or may suspend, revoke, or place on
probation the state certification of a state certified commercial interior designer who fails to
comply with a citation after the citation becomes final.
(8) The failure of an applicant for state certification to comply with a citation after the
citation becomes final is a ground for denial of state certification.
(9) No citation may be issued under this section after the expiration of six months
following the occurrence of a violation.
(10) The director or the director's designee shall assess fines according to the
following:
(a) for a first offense handled pursuant to this section, a fine of up to $1,000;
(b) for a second offense handled pursuant to this section, a fine of up to $2,000; and
(c) for any subsequent offense handled pursuant to this section, a fine of up to $2,000
for each day of continued offense.
(11) An action initiated for a first or second offense that has not yet resulted in a final
order of the division does not preclude initiation of a subsequent action for a second or
subsequent offense during the pendency of a preceding action.
(12) (a) A penalty that is not paid may be collected by the director by either referring
the matter to a collection agency or by bringing an action in the district court of the county in
which the person against whom the penalty is imposed resides or in the county where the office
of the director is located.
(b) A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect the penalty.
(c) In an action brought to enforce the provisions of this section, reasonable attorney
fees and costs shall be awarded to the division.
Section 12. Section 
58-86-401
 is enacted to read:
Part 4. State Certification Number and Signature
 58-86-401.
State certification number and signature.
(1) The division shall provide each state certified commercial interior designer with a
certificate number.
(2) A final plan or specification for the construction of a commercial interior design
within a newly constructed or existing building that is prepared by or under the supervision of a
state certified commercial interior designer shall bear the signature and the certificate number
of the state certified commercial interior designer when submitted to a client or a building
official for the purpose of obtaining a building permit.
(3) A state certified commercial interior designer may only include the designer's
signature and certificate number on a final plan or specification that is within the scope of
practice of commercial interior design and when the plan or specification:
(a) is personally prepared by the certified interior designer;
(b) is prepared by an employee, subordinate, associate, or drafter under the direct
supervision of the state certified commercial interior designer and the state certified
commercial interior designer assumes responsibility for the plan or specification; or
(c) is prepared by another state certified commercial interior designer in the state or
similarly qualified designer in another state provided that the state certified commercial interior
designer attaching the designer's signature and certificate number:
(i) performs a thorough review of all work for compliance with all applicable laws,
rules, and standards of the profession; and
(ii) makes any necessary corrections before submitting the final plan or specification:
(A) to a building official for the purpose of obtaining a building permit; or
(B) to a client, when the certified commercial interior designer represents, or can
reasonably expect the client to consider, the plan or specification to be complete and final.
Section 13. Section 
63I-1-258
 is amended to read:
63I-1-258.
Repeal dates, Title 58.
(1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
repealed July 1, 2026.
(2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
(3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2018
.
(4) Section 
58-37-4.3
 is repealed July 1, 2016.
(5) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
(6) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
repealed July 1, 2019.
(7) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
(8) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
1, 2023.
(9) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
(10) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
2026.
(11) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2017.
(12) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is
repealed July 1, 2021.