INTERIOR DESIGN TITLE ACT

BUSINESS AND PROFESSIONS CODE - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 -
9998.11] (Heading of Division 3 added by Stats. 1939, Ch. 30. )

CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats.
1990, Ch. 396, Sec. 1. )

5800.
As used in this chapter:
(a) “Certified Interior Designer” means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the
skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public.

(b) An “interior design organization” means the California Council for Interior Design Certification (council), a nonprofit organization that is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code, and consists of Certified Interior Designers whose governing board includes representatives of the public.(Amended by Stats. 2023, Ch. 723, Sec. 22. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5801.
A Certified Interior Designer may obtain a stamp from the council that shall include a number that uniquely identifies and bears the name of that Certified Interior Designer and identifies the individual as either a Certified Interior Designer or a Certified Interior Designer with commercial designation if the Certified Interior Designer has met the requirements pursuant to paragraph (2) of subdivision (a) of Section 5811.1. The stamp certifies that the Certified Interior Designer has provided the council with evidence of meeting the education, experience, and examination requirements pursuant to Section

5811.1.
(Amended by Stats. 2023, Ch. 723, Sec. 23. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5801.1.
The procedure for the issuance of a stamp by the council under Section 5801, including the examinations recognized and required by the council, shall be subject to the occupational analyses and examination validation required by Section 139 every five to seven years.

(Amended by Stats. 2023, Ch. 723, Sec. 24. (SB 816) Effective January 1,
2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5802.
(a) All drawings, specifications, or documents prepared for submission to any government regulatory agency by any Certified Interior Designer, or under their supervision shall be affixed by a stamp, as specified in Section 5801, and signed by that Certified Interior Designer.

(b) All documents shall be identified as interior design documents, which are not architectural or engineering documents.

(Amended by Stats. 2023, Ch. 723, Sec. 25. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5803.
A Certified Interior Designer, as defined in this chapter, is exempt from Chapter 9 (commencing with Section 7000) of Division 3 insofar as they are designing systems for work to be performed by a licensed contractor.

(Amended by Stats. 2023, Ch. 723, Sec. 26. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5804.
It is an unfair business practice for any Certified Interior Designer or any other person to advertise or put out any sign or card or other device, including any stamp or seal, or to represent to the public through any print or electronic media, that the person is “state certified” to practice interior design, or to use any other words or symbols that represent to the public that the person is so certified.(Amended by Stats. 2023, Ch. 723, Sec. 27. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5805.
Nothing in this chapter shall preclude Certified Interior Designers or any other person from submitting interior design plans for commercial or residential buildings to local building officials, except as provided in Section 5538. In exercising discretion with respect to the acceptance of interior design plans, the local building official shall reference the California Building Standards Code and the occupational title standard set forth in Section 5800. (Amended by Stats. 2023, Ch. 723, Sec. 28. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5806.
Nothing in this chapter shall prohibit interior design or interior decorator services by any person or retail activity (Added by Stats. 2013, Ch. 333, Sec. 1. (SB 308) Effective January 1, 2014. Repealed as of January 1, 2027, pursuant to Section 5810.)

5807.
(a) A Certified Interior Designer shall use a written contract when contracting to provide interior design services to a client pursuant to this chapter. The written contract shall be executed by the Certified Interior Designer and the client, or the client’s representative, prior to the Certified Interior Designer commencing work. The written contract shall include, but not be limited to, all of the following:

1. A description of the services to be provided to the client by the Certified Interior Designer.
2. A description of any basis of compensation applicable to the contract
   and the method of payment agreed upon by the parties.
3. The name, address, and certification number of the Certified Interior Designer and the name and address of the client.
4. A description of the procedure that the Certified Interior Designer and the client will use to accommodate additional services.
5. A description of the procedure to be used by any party to terminate the contract.
6. A three-day rescission clause in accordance with Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3 of the Civil Code.
7. A written disclosure stating whether the Certified Interior Designer carries errors and omissions insurance.

(b) Subdivision (a) shall not apply to any of the following:

1. Interior design services rendered by a Certified Interior Designer for which the client will not pay compensation.
2. Interior design services rendered by a Certified Interior Designer to any of the following:
   (A) An architect licensed under Chapter 3 (commencing with Section 5500).
   (B) A landscape architect licensed under Chapter 3.5 (commencing with Section 5615).
   (C) An engineer licensed under Chapter 7 (commencing with Section 6700).

(c) As used in this section, “written contract” includes a contract in electronic form.

(Amended by Stats. 2023, Ch. 723, Sec. 29. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5810.
(a) This chapter shall be subject to review by the appropriate policy committees of the Legislature.
(b) This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.

(Amended by Stats. 2022, Ch. 311, Sec. 1. (SB 1437) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 3.9, comprising Sections 5800 to 5812.)

5811.
(a) The California Council for Interior Design Certification, as defined in subdivision (b) of Section 5800, is hereby established to carry out the responsibilities and duties set forth in this chapter.
(b) The meetings of the council issuing stamps under Section 5801 shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(c) The council may take reasonable actions to carry out its responsibilities and duties, as set forth in this chapter. (d) The council may adopt bylaws, rules, and procedures necessary to effectuate the purposes of this chapter.
(e) The council may establish application fees, renewal fees, and other fees related to the regulatory costs of providing services and carrying out the council’s responsibilities and duties pursuant to this chapter. These fees shall not exceed the reasonable costs to the council of providing those services and carrying out those responsibilities and duties.

(Added by renumbering Section 5811.1 by Stats. 2023, Ch. 723, Sec. 30. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5811.1.
(a) The council may issue a certification to any applicant who provides satisfactory evidence that they meet all of the requirements of this chapter and who complies with the bylaws, rules, and procedures established by the council.

1. In order to obtain a certification, an applicant shall submit an application as provided by the council and provide the council with satisfactory evidence that they meet all of the following requirements:
   (A) Passage of an interior design examination approved by the council.
   (B) Any of the following education and experience pathways:
   (i) The person is a graduate of a four or five-year accredited interior design degree program, and has two years of diversified interior design experience.
   (ii) The person has completed a three-year accredited interior design certificate program, and has completed three years of diversified interior design experience.
   (iii) The person has completed a two year accredited interior design program and has completed four years of diversified interior design experience. (iv) The person has at least eight years of interior design education, or at least eight years of diversified interior design experience, or a combination of interior design education and diversified interior design experience that together total at least eight years.
   (C) All fees required by the council, as described in subdivision (e) of Section 5811, have been paid.
2. The council may issue a commercial designation to a Certified Interior Designer or qualified applicant who, in addition to the requirements in paragraph (1), passes additional interior design courses and examinations, as determined to be required by the council.

(b) (1) Any certificate under this chapter shall be subject to renewal every two years in a manner prescribed by the council, and shall expire unless renewed in that manner. The council may provide for the late renewal of a registration. (2) The council may require Certified Interior Designers to complete continuing education specific to the practice of interior design each two year certification cycle.

(Added by Stats. 2023, Ch. 723, Sec. 31 (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

5812.
It is an unfair business practice for any person to represent or hold themselves out as, or to use the title “Certified Interior Designer” or any other term, such as “licensed,” “registered,” or “CID,” that implies or suggests that the person is certified as an interior designer when they do not hold a valid certification as provided in Sections 5800 and 5801.

(Amended by Stats. 2023, Ch. 723, Sec. 32. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

SB-816 Professions and vocations (2023-2024):
Senate Bill No. 816
CHAPTER 723
An act to amend Sections 2881.2, 2987, 2988, 4531.1, 4836.2, 5134, 5681, 5800, 5801, 5801.1, 5802, 5803, 5804, 5805, 5807, 5812, 12703.1, 12704, and 12709 of, to amend, renumber, and add Section 5811.1 of, and to amend, repeal, and add Sections 4119.01, 4119.11, 4128.2, 4161, 4202.5, 4210, and 4400 of, the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.

[ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ]

SB 816, Roth. Professions and vocations. (3) Existing law, until January 1, 2027, provides a comprehensive scheme for the certification and regulation of interior designers. Under existing law, a Certified Interior Designer may obtain a stamp from an interior design organization that includes a number that identifies and bears the name of the designer, and that stamp certifies that the Certified Interior Designer has provided the interior design organization with evidence of passage of an interior design examination and completion of certain interior design education or experience requirements.

This bill would, instead, establish the California Council for Interior Design Certification to carry out duties and responsibilities governing the stamp certification and regulation of interior designers. The bill would authorize the council to issue certifications pursuant to these provisions to applicants who provide satisfactory evidence of compliance with specified education, experience, and examination requirements. The bill would identify the individual as either a “Certified Interior Designer” or “Certified Commercial Interior Designer” if the designer has completed certain additional interior design courses and examination requirements for the commercial designation, as determined by the council.

This bill would authorize the council to adopt bylaws, rules, and procedures and establish reasonable application fees, renewal fees, and other fees related to the regulatory cost of providing services and carrying out the council’s duties. The bill would make other related and conforming changes to these provisions.

(7) Existing law establishes the California Architects Board within the Department of Consumer Affairs, and sets forth its powers and duties relating to the licensing and regulation of landscape architects, including the authority to issue licenses for the practice of landscape architecture. Existing law imposes various fees on applicants for licensure as a landscape architect and on landscape architect licensees, including an application fee not to exceed $100, a fee for the examination for a license to practice landscape architecture in an amount not to exceed the actual cost to the board to administer each exam, a fee not to exceed $400 for an original license, a fee not to exceed $50 for a duplicate license, and a renewal fee not to exceed $400.

This bill would increase the above described fees imposed on landscape architect applicants and licensees. In this regard, the bill would impose an application fee of $100 and a fee for the California Supplemental Examination of not less than $350. The bill would authorize the board to increase the examination fee by regulation up to $400. The bill would increase the fee for an original license to $700. The bill would authorize the board to increase the fee by regulation up to $800. The bill would increase the fee for a duplicate license to $300 and would increase the renewal fee to be not less than $700. The bill would authorize the board to increase the original license fee by regulation up to $800.

Vote: majority
Appropriation: yes
Fiscal Committee: yes
Local Program: yes

5681. The fees prescribed by this chapter for landscape architect applicants and landscape architect licensees shall be fixed by the board as follows: (a) The application fee for reviewing an applicant’s eligibility to take any section of the examination shall be one hundred dollars ($100). (b) The fee for any section of the examination administered by the board shall not exceed the actual cost to the board for purchasing and administering each exam. The fee for the California Supplemental Examination shall be three hundred fifty dollars ($350). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(c) The fee for an original license shall be seven hundred dollars ($700) and the board may adopt regulations to set the fee at a higher amount, up to a maximum of eight hundred dollars ($800), except that, if the license is issued less than one year before the date on which it will expire, then the fee shall equal 50 percent of the fee fixed by the board for an original license. The board may, by appropriate regulation, provide for the waiver or refund of the initial license fee where the license is issued less than 45 days before the date on which it will expire.
(d) The fee for a duplicate license shall be three hundred dollars ($300). (e) The renewal fee shall be seven hundred dollars ($700). The board may adopt regulations to set the fee at a higher amount, up to a maximum of eight hundred dollars ($800).
(f) The penalty for failure to notify the board of a change of address within 30 days from an actual change in address may not exceed fifty dollars ($50).
(g) The delinquency fee shall be 50 percent of the renewal fee for the license in effect on the date of the renewal of the license, but not less than fifty dollars ($50) nor more than two hundred dollars ($200).
(h) The fee for filing an application for approval of a school pursuant to Section 5650 may not exceed six hundred dollars ($600) charged and collected on an biennial basis.

5800. As used in this chapter: (a) “Certified Interior Designer” means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public.
(b) An “interior design organization” means the California Council for Interior Design Certification (council), a nonprofit organization that is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code, and consists of Certified Interior Designers whose governing board includes representatives of the public.

5801. A Certified Interior Designer may obtain a stamp from the council that shall include a number that uniquely identifies and bears the name of that Certified Interior Designer and identifies the individual as either a Certified Interior Designer or a Certified Interior Designer with commercial designation if the Certified Interior Designer has met the requirements pursuant to paragraph (2) of subdivision (a) of Section 5811.1. The stamp certifies that the Certified Interior Designer has provided the council with evidence of meeting the education, experience, and examination requirements pursuant to Section 5811.1.