June 24, 2004, Introduced by Reps. Meisner, Huizenga, Steil, Gaffney, Hopgood, Condino, Wojno, Lipsey, Bieda and Stewart and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 303a and 601 (MCL 339.303a and 339.601),
section 303a as amended by 1995 PA 183 and section 601 as amended
by 1998 PA 250, and by adding article 28; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 303a. The terms provided for in this act shall
2 commence on the following dates:
3 Accountancy July 1
4 Architects April 1
5 Athletic board of control April 1
6 Barbers October 1
7 Collection agencies July 1
8 Community planners July 1
1 Cosmetology January 1
2 Employment agencies October 1
3 Foresters April 1
4 Hearing aid dealers October 1
5 Interior design January 1
6 Land surveyors April 1
7 Landscape architects July 1
8 Marriage counselors October 1
9 Mortuary science July 1
10 Nursing home administrators January 1
11 Professional engineers April 1
12 Real estate appraisers July 1
13 Real estate brokers and salespersons July 1
14 Residential builders April 1
15 Social workers October 1
16 Sec. 601. (1) A person shall not engage in or attempt to
17 engage in the practice of an occupation regulated under this act
18 or use a title designated in this act unless the person possesses
19 a license or registration issued by the department for the
20 occupation.
21 (2) A school, institution, or person shall not operate or
22 attempt to operate a barber college, school of cosmetology, or
23 real estate school unless the school, institution, or person is
24 licensed or approved by the department.
25 (3) A person, school, or institution which violates
26 subsection (1) or (2) is guilty of a misdemeanor, punishable by a
27 fine of not more than $500.00, or imprisonment for not more than
1 90 days, or both.
2 (4) A person, school, or institution which violates
3 subsection (1) or (2) a second or any subsequent time is guilty
4 of a misdemeanor, punishable, except as provided in section 735,
5 by a fine of not more than $1,000.00, or imprisonment for not
6 more than 1 year, or both.
7 (5) Notwithstanding the existence and pursuit of any other
8 remedy, an affected person may maintain injunctive action to
9 restrain or prevent a person from violating subsection (1) or
10 (2). If successful in obtaining injunctive relief, the affected
11 person shall be entitled to actual costs and attorney fees.
12 (6) Nothing in
this This act shall does not apply to a
13 person engaging in or practicing the following:
14 (a) Interior
design.
15 (a) (b) Building
design.
16 (b) (c) Any
activity for which the person is licensed under
17 1929 PA 266, MCL
338.901 to 338.917 the state
plumbing act,
18 2002 PA 733, MCL 338.3511 to 338.3569.
19 (c) (d) Any
activity for which the person is licensed under
20 the Forbes mechanical contractors act, 1984 PA 192, MCL 338.971
21 to 338.988.
22 (d) (e) Any
activity for which the person is licensed under
23 the electrical administrative act, 1956 PA 217, MCL 338.881 to
24 338.892.
25 (7) As used in subsection (5), "affected person" means a
26 person directly affected by the actions of a person suspected of
27 violating subsection (1) or (2) and includes, but is not limited
1 to, a board established pursuant to this act, a person who has
2 utilized the services of the person engaging in or attempting to
3 engage in an occupation regulated under this act or using a title
4 designated by this act without being licensed or registered by
5 the department, or a private association composed primarily of
6 members of the occupation in which the person is engaging in or
7 attempting to engage in or in which the person is using a title
8 designated under this act without being registered or licensed by
9 the department.
10 (8) An investigation
may be conducted under article 6 5 to
11 enforce this section. A person who violates this section shall
12 be subject to the strictures prescribed in this section and
13 section 506.
14 (9) The remedies under this section are independent and
15 cumulative. The use of 1 remedy by a person shall not bar the
16 use of other lawful remedies by that person or the use of a
17 lawful remedy by another person.
18 (10) An interior
designer may perform services in connection
19 with the design of
interior spaces including preparation of
20 documents relative to
finishes, systems furniture, furnishings,
21 fixtures, equipment,
and interior partitions that do not affect
22 the building
mechanical, structural, electrical, or fire safety
23 systems.
24 ARTICLE 28
25 Sec. 2801. As used in this article:
26 (a) "Interior design services" means services in connection
27 with the design of interior spaces, including the preparation of
1 design documents, relative to finishes, systems furniture,
2 furnishings, fixtures, equipment, lighting outlets and switching,
3 and non-load-bearing interior partitions that do not materially
4 affect the building mechanical, structural, electrical, or fire
5 safety systems.
6 (b) "Interior designer" means a person performing interior
7 design services.
8 (c) "Materially affect" means activity that is either or both
9 of the following:
10 (i) Has a substantial and negative impact on the health,
11 safety, and welfare of the occupants of the interior space after
12 installation of the finishes, systems furniture, furnishings,
13 fixtures, equipment, lighting, and interior building partitions
14 based upon placement or material composition.
15 (ii) Is incompatible with the applicable building code or
16 fire safety code to such a degree that more than a minor
17 modification of the interior design documents is needed to
18 correct that incompatibility with the building or fire safety
19 code.
20 Sec. 2803. (1) There is created a board of interior
21 design.
22 (2) The terms of the board members and their qualifications
23 are as prescribed by section 303.
24 Sec. 2805. (1) Except as otherwise provided in subsection
25 (2), a person shall not use a term or title "licensed interior
26 designer", "interior designer", or other term or title connoting
27 licensure under this article unless licensed under this article.
1 (2) This article does not prohibit an individual certified or
2 otherwise qualified or approved by a private organization from
3 using a term or title copyrighted or otherwise protected under
4 law by the certifying organization so long as the use does not
5 connote licensure under this article.
6 Sec. 2807. (1) An individual shall not provide or offer to
7 provide interior design services unless licensed under this
8 article or exempt from licensure under subsection (2).
9 (2) The following are exempt from licensure under this
10 article:
11 (a) A person licensed under another regulated or licensed
12 occupation or profession who is engaging in interior design
13 services that are within the scope of practice of that person's
14 occupation or profession so long as he or she does not hold
15 himself or herself out as an interior designer.
16 (b) An employee of a retail establishment providing interior
17 design services on the premises of a retail establishment or in
18 the furtherance of a retail sale, so long as he or she does not
19 advertise, or represent himself or herself, as an interior
20 designer.
21 (c) A person engaging in interior design services on property
22 owned or leased by that person so long as he or she does not hold
23 himself or herself out as an interior designer.
24 (d) A person engaging in interior design services without
25 compensation on property of another person so long as he or she
26 does not hold himself or herself out as an interior designer.
27 (e) A person providing interior design services in a detached
1 1- or 2-family residence, which residence does not exceed 3,500
2 square feet of calculated floor area, so long as he or she does
3 not hold himself or herself out as an interior designer. As used
4 in this subdivision, "calculated floor area" means that term as
5 defined in section 2012.
6 (f) An individual engaging in interior design services
7 without a license but under the supervision of 1 or more
8 licensees solely for the purpose of obtaining the experience
9 required under section 2809(3).
10 Sec. 2809. (1) An applicant for licensure under this
11 article shall submit a completed application to the department on
12 a form supplied by the department and pay the appropriate
13 application and per-year license fee. Except as otherwise
14 provided in this section, the applicant shall meet the
15 examination requirements of subsection (3).
16 (2) Upon approval of an application properly submitted, the
17 department shall issue a license only to an individual for a term
18 of 3 years.
19 (3) Beginning the effective date of the amendatory act that
20 added this article and until the expiration of 1 year after that
21 effective date, the department shall issue a license to an
22 individual that submits, by affidavit, proof of 6 years of
23 combined education and experience in providing interior design
24 services, with at least 2 of those 6 years being practical
25 experience. A person on the list compiled under former section
26 601a is eligible for a license under this act if he or she
27 applies for licensure within 1 year after the effective date of
1 the amendatory act that added this article and pays the
2 appropriate license fee.
3 (4) For applicants not applying for licensure under
4 subsection (3), the complete 2003 examination offered by the
5 national council for interior design qualification and the
6 qualifications to sit for that examination are adopted by
7 reference. The board, by promulgation of a rule, may adopt
8 another version of the national council for interior design
9 qualification examination and the qualifications to sit for that
10 examination or another examination considered by the board to be
11 the equivalent of the most recent national council for interior
12 design qualification examination and the qualifications to sit
13 for that examination.
14 Sec. 2811. The department shall issue a license to an
15 individual from another jurisdiction, state, or country upon a
16 determination of the board that the other jurisdiction, state, or
17 country has substantially similar requirements for licensure and
18 allows reciprocity to Michigan licensees.
19 Sec. 2813. The department, in consultation with the board
20 and by adoption of a rule, shall establish standards of conduct
21 for licensed interior designers.
22 Sec. 2815. (1) Beginning the license renewal cycle after
23 the effective date of the rules promulgated under this section,
24 an individual licensed under this article shall meet the
25 continuing education requirements of this section when renewing
26 his or her license.
27 (2) The department, in consultation with the board, shall
1 promulgate rules to require a licensee seeking renewal to furnish
2 evidence that during the 3 years immediately preceding
3 application for renewal, the licensee attended continuing
4 education courses or programs related to the practice of interior
5 design and designed to further educate licensees.
6 (3) The department, in consultation with the board, shall
7 establish by rule the total number of course or program clock
8 hours at a minimum of 45 clock hours in any 3-year license
9 renewal cycle. A portion of those clock hours must be in
10 ethics.
11 (4) The department shall ensure that all approved continuing
12 education courses include defined measurements of preknowledge
13 and postknowledge or skill improvements, or both, as a result of
14 the continuing education program.
15 Sec. 2817. (1) An individual, upon being licensed, shall
16 obtain a seal authorized by the board bearing the licensee's name
17 and a legend indicating "licensed interior designer".
18 (2) A plan, report, or specification issued by a licensee
19 shall be sealed when filed with a public authority.
20 Sec. 2819. A person who violates this article or rules
21 promulgated under this article or who does 1 or more of the
22 following is subject to the penalties set forth in article 6:
23 (a) Presents or attempts to use, as the person's own, the
24 license or seal of another.
25 (b) Uses a term protected by this article without being
26 licensed under this article.
27 (c) Submits to a public official in this state or a political
1 subdivision of this state for approval a permit or a plan,
2 report, or specification for filing as a public record that does
3 not bear a seal of a licensee as required by this article.
4 Enacting section 1. Section 601a of the occupational code,
5 1980 PA 299, MCL 339.601a, is repealed.
6 Enacting section 2. This amendatory act does not take
7 effect unless all of the following bills of the 92nd Legislature
8 are enacted into law:
9 (a) Senate Bill No. ________ or House Bill No. 6054
10 (request no. 04171'03 a).
11 (b) Senate Bill No. ________ or House Bill No. 6053
12 (request no. 04171'03 b).