Legislature(2021 - 2022)GRUENBERG 120
04/09/2021 08:00 AM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB61 | |
| HB90 | |
| HB110 | |
| Occupational Safety & Health Review Board | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 110 | TELECONFERENCED | |
| += | HB 146 | TELECONFERENCED | |
| *+ | HB 61 | TELECONFERENCED | |
| *+ | HB 90 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 61-REGISTER COMMERCIAL INTERIOR DESIGNERS
8:06:38 AM
CO-CHAIR SPOHNHOLZ announced that the first order of business
would be HOUSE BILL NO. 61, "An Act relating to commercial
interior designers and commercial interior design; establishing
registration and other requirements for the practice of
professional commercial interior design; relating to the State
Board of Registration for Architects, Engineers, and Land
Surveyors; relating to liens for labor or materials furnished;
relating to the procurement of commercial interior design
services; and providing for an effective date."
8:07:05 AM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, as prime
sponsor, introduced HB 61. He said the proposed legislation
would change the professional licensing statute to recognize the
expertise of certified professional interior designers who have
passed the National Council of Interior Design Qualification
(NCIDQ), a three-part, 11-hour exam created to identify interior
design professionals who have the skills and experience
necessary to take on additional responsibility. He said the
test is designed to assess the competency of candidates to
protect the public through design elements such as fire safety,
Americans with Disabilities Act of 1990 (ADA) compliance,
emergency egress, and material flammability. He said that in
order to be eligible to take the NCIDQ exam one must have a
degree from an accredited institution along with a minimum of 60
credit hours of postsecondary interior design coursework. He
noted that there are no state licenses in Alaska for the
profession of interior design, and one consequence of that is
the absence of access to a construction stamp permitting
interior designers to submit their work for permitting; this
would be changed under HB 61. The practice of commercial
interior design described in the text of the proposed
legislation is specific and limited to nonstructural, or
nonloadbearing, interior design elements; interior planning for
occupant loads and exiting; and specification of code-compliant
interior finishes, furnishings, and fixtures. The scope of
commercial interior design practice described in HB 61, he said,
is well within the competencies of interior designers as
determined by education, training, and examination.
REPRESENTATIVE CLAMAN said HB 61 would bring economic benefits
by increasing professional employment opportunities, providing
incentive to hire Alaskans for professional interior design,
attracting high-quality design talent to the state, encouraging
small business and unrestrained trade, and expanding consumer
choices for qualified design professionals. He noted that HB 61
would not change the requirements or daily practice for any
other professional in design or construction including
architects, engineers, contractors, tradespeople, decorators, or
residential designers. Intended to be cost neutral to the
state, Representative Claman explained, HB 61 would be self-
funded through the Alaska State Board of Registration for
Architects, Engineers, and Land Surveyors through application,
registration, and renewal fees. As shown in the attached fiscal
note, he said, passage of HB 61 would allow the board to hire an
additional occupational license examiner, and the annual cost
per licensee would be an additional $30.
8:11:41 AM
CO-CHAIR SPOHNHOLZ noted 46 sections in the proposed legislation
and told Mr. Bosworth he could summarize the sectional analysis.
8:11:57 AM
JOEY BOSWORTH, Staff, Representative Matt Claman, summarized the
sectional analysis. He said that Sections 1-4 relate to
establishing the new terms in the AELS Licensing Board. Section
5 would add two seats to the board, one for a commercial
interior designer and an additional engineering seat, creating
separate seats for electrical and mechanical engineering, which
currently share a seat. He said Sections 6-9 would establish
commercial interior design as a certification tracked by the
State of Alaska. Sections 8-14 would establish the examination
requirements for registration as a commercial interior designer.
Section 15, he said, would establish commercial interior design
as a seal to be affixed to construction plans; Sections 16-22
would establish commercial interior design terminology in
relation to the registration of corporations, limited liability
partnerships, and limited liability companies. He said Sections
23-28 would protect the term "commercial interior design" from
use by those not registered, and Section 29 would relate to
exemptions. Sections 30-32 would establish definitions for
terms used in the statute, and Sections 33-42 would establish
"commercial interior design" as a term in legal context relating
to statute. He said Sections 43-46 would establish the
effective date and grace period for registration.
8:14:14 AM
REPRESENTATIVE KAUFMAN noted that interior designers' work would
include certain elements previously done only by architects. He
asked whether the same liability requirements would apply.
8:15:09 AM
MR. BOSWORTH deferred to Ms. Nunn.
8:15:44 AM
DANA NUNN, Interior Design Director, Bettisworth North
Architects and Planners, informed the committee that she is a
National Council for Interior Design Qualification (NCIDQ)
certified interior designer. She said she works in environments
impacting the public including daycares, schools, hospitals,
senior living centers, museums, performing arts facilities,
courthouses, churches, hotels, and athletic facilities. She
described her work as providing standalone interior design
services as well as serving as a project manager for larger
projects, coordinating the work of multiple disciplines to
achieve successful, safe, and code-compliant projects. She said
HB 61 would provide another measure of public safety,
protection, and risk mitigation in commercial buildings and
would expand the choice of qualified professionals, increase
professional employment opportunities, attract high quality
talent, and encourage students who must leave Alaska to achieve
their degree to return to Alaska for career opportunities. She
described interior designers as qualified and ready to create
safe, sustainable, accessible, and efficient interior
environments in compliance with law and regulation. Interior
designers in Alaska, she said, are already independently
practicing these activities in states that recognize the
profession.
8:17:58 AM
CO-CHAIR SPOHNHOLZ asked Ms. Nunn whether she would like to
address Representative Kaufman's question about liability.
MS. NUNN replied that under HB 61 interior design would be added
to the qualifications and requirements already in statute.
8:18:40 AM
TOM BANKS, Chief Executive Officer, Council for Interior Design
Qualification, testified in support of HB 61, which he described
as recognizing qualified interior designers. He explained that
the Council for Interior Design Qualification (CIDQ) is the
premier credentialling organization for interior design
professionals, developing and administering the three-part NCIDQ
exam required for regulated jurisdictional certification in the
United States and Canada. He said NCIDQ-certified interior
designers are required to undergo formal education and thousands
of hours of supervised experience in order to sit for the exam,
which tests knowledge of core competencies required for
professional practice including code-based environments such as
hospitals, office buildings, and schools. He said the exam has
frequently been cited and mischaracterized by those in
opposition to HB 61, specifically citing an unsupported claim
that says two-thirds of the test may be passed with a score of
50 percent, and could include zero correct answers on the
subject of building codes and standards. He said that none of
these assertions are true, with building and safety code
knowledge assessed in multiple sections of the test. An
analysis of each question on the exam, he explained, found that
it would be impossible to get all questions pertaining to those
topics wrong and still pass the exam. He said CIDQ supports HB
61, along with all other proposed legislation that would allow
certified interior designers to practice to the full extent of
their capabilities as evidenced by education, experience, and
examination. He noted that the public benefits when that
happens.
8:21:18 AM
REPRESENTATIVE KAUFMAN asked Mr. Banks about the liability
obligations for interior designers relative to architects.
MR. BANKS replied that, as he was not an expert on the bill
language, he would defer to the bill sponsor.
MR. BOSWORTH told Representative Kaufman that he would research
his question.
CO-CHAIR SPOHNHOLZ said that the committee would wait for an
answer to the liability question before taking formal action.
[HB 61 was held over.]