Legislature(2021 - 2022)BARNES 124
04/19/2021 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Board of Professional Counselors | |
| Board of Veterinary Examiners | |
| HB75 | |
| HB61 | |
| HB85 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 75 | TELECONFERENCED | |
| += | HB 61 | TELECONFERENCED | |
| += | HB 85 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 61-REGISTER COMMERCIAL INTERIOR DESIGNERS
4:28:16 PM
CO-CHAIR FIELDS announced that the next 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."
4:29:04 PM
BARBARA CASH, Commercial Interior Designer, American Society of
Interior Designers, Alaska Chapter, testified in support of HB
61. She expressed that commercial interior designers are
qualified to protect public safety and provide professional
design and guidance when full architecture service aren't
required. She shared that, since the advancement of HB 61,
there has been "a campaign of opposition and incorrect
assertions bound by an institutional commitment to maintain the
status quo," and she said that interior designers want to be
able to practice what they're educated, trained, and tested to
do. She said that nationally qualified commercial interior
designers and architects are qualified to practice the limited
skills of commercial interior design, which, in the medical
field, is akin to licensed nurse practitioners and physicians.
She said that architects often contract with commercial interior
designers, who often work directly with clients; however, she
said, if a professional stamp is required for permits, a
commercial interior designer must hire an architect to oversee
their work and stamp their designs, which creates additional
costs and restricts qualified designers from fully practicing
their profession. This barrier would be removed by HB 61, she
said, allowing registered commercial interior designers the
ability to stamp and sign their own construction documents,
taking responsibility for their own work. She said that staying
current on science-based best practices for surfaces and
materials, notably in the area of infection mitigation, are
areas in which commercial interior designers excel.
4:31:33 PM
WILL WEBB, President, Alaska Professional Design Council,
testified in support of HB 61, sharing that the Alaska
Professional Design Council (APDC) has approximately 5,000
members in Alaska including architects, engineers, land
surveyors, landscape architects, and interior designers. He
said that eight of the nine member organizations support passage
of HB 61, with the American Institute of Architects, Alaska
Chapter, as the lone dissenter. He said the work done by
commercial interior designers may involve building components
and features that involve safety issues such as fire ratings and
egress routings; protecting the public health, safety, and
welfare are key reasons for requiring professional licensure, he
said, which is why APDC supports HB 61. He said commercial
interior designers focus on all subsets of work practiced by
architects and, through registration, those professionals would
be able to prove their knowledge of regulations, practices, and
guidelines, thus being able to seal and approve construction
documents covering their scope of work. He said HB 61 would not
restrict registered professional architects from continuing to
develop and sign interior design plans.
4:33:30 PM
CHARLES BETTISWORTH testified in support of HB 61. He shared
that he has been a licensed architect in Alaska for 40 years and
has built a successful statewide practice with offices in
Anchorage and Fairbanks. He said that his firm entered interior
design in 2014 due to a heightened understanding of the
importance of such services and said that, in his opinion, the
proposed legislation is long overdue and in the public interest.
He said HB 61 would allow professional licensed interior
designers, rather than drafters, offering services to the
public. He stated his disagreement with the position of the
American Institute of Architects, Alaska Chapter, characterizing
the situation as an inappropriate "turf war," and he pointed out
that 27 states have adopted similar legislation.
4:35:43 PM
CO-CHAIR SPOHNHOLZ asked for clarification on what kinds of
plans interior designers would be qualified to stamp, as well as
the training and qualifications interior designers would have
for the required expertise.
4:36:44 PM
MS. CASH deferred to Ms. Nunn.
4:37:05 PM
DANA NUNN, American Society of Interior Designers, Alaska
Chapter, explained that interior designers are trained through
their education to address code issues such as occupancy
classification, occupancy flows, egress, and fire ratings. She
said that the scope of interior designers would end with
qualification of the structural system of the building, or the
"envelope" of the building, or egress of the overall building.
She clarified that egress within a set off offices, or a suite,
could be covered by interior designers, but egress from the
larger structure would be covered by architects. She said that
drawings which may be approved by the stamp of an interior
designer could include such things as redesign of the structures
within a room, such as built-ins, which may be required to
adhere to code but don't affect the overall structure of a
building. An accredited education, she said, covers such areas,
while experience gained in the field before qualifying for the
exam is intended to give exposure and practice. The examination
covers all areas, she said.
4:39:00 PM
CO-CHAIR SPOHNHOLZ moved to adopt Amendment 1 to HB 61, labeled
32-LS0262\A.1, Fisher, 4/16/21, which read as follows:
Page 1, lines 3 - 4:
Delete "relating to the State Board of
Registration for Architects, Engineers, and Land
Surveyors"
Insert "renaming the State Board of Registration
for Architects, Engineers, and Land Surveyors the
State Board of Registration for Design Professionals;
relating to the State Board of Registration for Design
Professionals"
Page 1, lines 8 - 11:
Delete all material and insert:
"* Section 1. AS 08.01.010(3) is amended to read:
(3) State Board of Registration for Design
Professionals [ARCHITECTS, ENGINEERS, AND LAND
SURVEYORS] (AS 08.48.011);"
Page 2, lines 2 - 3:
Delete "Architects, Engineers, [AND] Land
Surveyors, Landscape Architects, and Commercial
Interior Designers"
Insert "Design Professionals [ARCHITECTS,
ENGINEERS, AND LAND SURVEYORS]"
Page 2, lines 8 - 11:
Delete all material and insert:
"* Sec. 3. AS 08.03.010(c)(3) is amended to read:
(3) State Board of Registration for Design
Professionals [ARCHITECTS, ENGINEERS, AND LAND
SURVEYORS] (AS 08.48.011) - June 30, 2025;"
Page 2, lines 13 - 15:
Delete "Architects, Engineers, [AND] Land
Surveyors, Landscape Architects, and Commercial
Interior Designers"
Insert "Design Professionals [ARCHITECTS,
ENGINEERS, AND LAND SURVEYORS]"
Page 14, line 30, through page 15, line 2:
Delete all material and insert:
"* Sec. 30. AS 08.48.341(2) is amended to read:
(2) "board" means the State Board of
Registration for Design Professionals [ARCHITECTS,
ENGINEERS, AND LAND SURVEYORS];"
Page 16, lines 17 - 18:
Delete "Architects, Engineers, [AND] Land
Surveyors, Landscape Architects, and Commercial
Interior Designers"
Insert "Design Professionals [ARCHITECTS,
ENGINEERS, AND LAND SURVEYORS]"
Page 19, lines 20 - 22:
Delete all material and insert:
"(O) State Board of Registration for Design
Professionals [ARCHITECTS, ENGINEERS, AND LAND
SURVEYORS];"
Page 19, lines 25 - 27:
Delete all material and insert:
"* Sec. 42. AS 44.62.330(a)(3) is amended to read:
"(3) State Board of Registration for Design
Professionals [ARCHITECTS, ENGINEERS, AND LAND
SURVEYORS];"
4:39:03 PM
CO-CHAIR FIELDS objected for the purpose of discussion.
4:39:05 PM
CO-CHAIR SPOHNHOLZ explained that Amendment 1 is intended to
streamline the title of the relevant governing board, renaming
it the State Board of Registration for Design Professionals.
4:39:37 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, as prime
sponsor of HB 61, stated his support for the amendment.
4:39:46 PM
CO-CHAIR FIELDS removed his objection. There being no other
objection, Amendment 1 was adopted.
4:39:57 PM
CO-CHAIR FIELDS opened public testimony on HB 61.
4:40:18 PM
PAUL BARIL, State Government Representative, American Institute
of Architects, Alaska Chapter, stated his opposition to HB 61 on
behalf of over 200 members of AIA. He encouraged committee
members to "really look at" the proposed legislation. He
claimed that the National Council for Interior Design
Qualifications (NCIDQ) exam allows an applicant to pass even
when answering no questions on building codes correctly.
4:43:02 PM
CATHERINE FRITZ, Vice Chair, Board of Architects, Engineers, and
Land Surveyors, testified in opposition to HB 61, stating that
the board needs more time to review HB 61 in order to fully
understand the implications. She said the board has concerns
about the definition of scope of practice being "excessively
broad," incorporating activities that are outside the scope of
health, safety, and welfare. She said the board is also
concerned with text within the proposed legislation that doesn't
align with the existing statutory language of other disciplines,
and that there are regulatory complexities around the
multidisciplinary board which could be exacerbated by adding a
new discipline and two new seats. She stated that HB 61 "relies
heavily" on the Council for Interior Design Qualifications
(CIDQ) exam, which she said is concerning because the board
doesn't know if the organization is rigorous enough to
adequately assess the qualifications of interior designers.
4:45:06 PM
JESSICA CEDERBERG shared that she is a licensed architect and
that she opposes HB 61 based on the complexities of the building
code and public safety. She said code analysis is very complex
and said that determining fire ratings requires professional
knowledge, additional training, and continuing education;
therefore, she said, life safety items should be excluded from
the proposed legislation. She urged the committee to hold HB 61
in committee for further study.
4:46:41 PM
RAMONA SCHIMSCHERIMER shared that she is a licensed architect
and said HB 61 is unnecessary, redundant, and may negatively
impact public health and safety. She said the scope of interior
design under HB 61 is too far-reaching and said that it would be
confusing for the public and contractors, create unnecessary
costs, inject "potentially unqualified persons" into an area of
critical health and safety issues.
4:48:15 PM
CHELSEY BEARDSLEY testified in support of HB 61 and shared that
she is a lifelong Alaskan who wants to be a certified interior
designer and work in a state that will allow her to be a
registered professional interior designer and practice her
profession to the fullest extent of her education, experience,
and examination. She said that in researching internships and
post-graduation employment she is prioritizing states that would
give her the best opportunity to achieve her professional goals;
if Alaska doesn't recognize the interior design profession,
opportunities out of state would be more enticing. She said HB
61 would protect the public, increase professional job
opportunities, attract high-qualify design talent to Alaska, and
encourage out-of-state students to return to Alaska for
professional registration.
4:49:44 PM
JASON GAMACHE testified in support of HB 61, expressing that
it's long overdue. He said that that bill does not suggest
reducing safety requirements or that interior designers are
"suddenly equivalent" to architects in licensure. He said that
the proposed legislation recognizes the work and training of
interior designers as professionals, as well as the ability of
designers to be the authors of their own work. He said his firm
has, and will continue, to employ interior designers and said
that there have been challenges in navigating shared ownership
of his architecture firm stemming from the state's lack of
registration for licensure.
4:51:37 PM
LARRY CASH testified in support of HB 61 as a registered
architect who has been practicing in Alaska for 40 years and is
a member of AIA. He said commercial interior design complements
architecture, with designers consistently enhancing projects
from a function, and life safety, standpoint. He said that the
public and clients have benefitted by the integrated safety
characteristics brought about by the expertise of the interior
designers. He acknowledge that AIA opposes HB 61 and expressed
his strong disagreement with that position. He urged the
committee to pass HB 61.
4:53:49 PM
BRIAN MEISSNER, Principal Architect, ECI Alaska Architecture,
testified in support of HB 61 as a registered architect on his
own behalf and on the behalf of his firm. He said HB 61 would
enhance the health, safety, and welfare of Alaskans and that he
depends on interior designers for life safety matters related to
building finish materials. He said he has found interior
designers with the education described in the proposed
legislation to be better educated than architects in areas such
as accessibility issues and Occupational Safety and Health
Administration (OSHA) compliance issues.
4:55:08 PM
RYAN MORSE, President, American Institute of Architects, Alaska
Chapter, testified in opposition to HB 61. He said he believes
the bill is being "rushed" and has not been fully understood.
He said AIA respects the talent and training of interior
designers but said there are concerns with the language of the
proposed legislation, in particular the language that he
characterized as "require the State of Alaska municipal
governments to hire interior designers for work that is not
currently required, such as moving office furniture and changing
out finishes." He encouraged the committee to work with AIA to
improve the language of the proposed legislation.
4:56:44 PM
MELISSA TRIBYL testified in support of HB 61 as a commercial
interior designer. She said that she has the skills to
strengthen the design of health care facilities with regards to
the acute and ambulatory aspects of care. She said commercial
interior designers are educated to provide solutions to assist
in the safety and welfare of the occupants of health care
facilities by helping design facilities that support patient
handling, movement, bariatric accommodations, healthy materials,
safe furniture and fixtures, and telecommunications areas. She
stated that infection control is one of the leading causes of
preventable death in hospitals, and commercial interior
designers are educated in materials, codes, and the cleanability
and maintenance needed to maintain a healthy environment. She
said that materials and their method of implementation impact
those that are tired, visually impaired, or have balance issues;
placement of handrails, nursing station, and medical carts all
enhance patient well-being. She said health care embodies many
different design layers and sectors, and the proposed
legislation would lead to a better environment.
4:58:29 PM
CARA RUDE testified in support of HB 61. She said she is a
registered interior designer in Texas and practiced for 18 years
before becoming an owner of MCG Explore Design, the longest-
established architecture firm in Alaska. She said that, due to
Alaska's lack of professional accreditation for commercial
interior designers, the firm was forced to restructure from a
business corporation to a limited liability company. She
characterized HB 61 as reflecting the reality of the modern
design marketplace, considering accelerated construction
timelines and technological advancements which have led to
higher demand for interior designers to focus on environments
that support human health and wellness, ethical material
chemistry, and commercial public safety. She expressed that
registration for interior designers would lead to "better-built
environments" and safeguard an elevated design marketplace for
consumers.
5:00:01 PM
CASEY KEE testified in support of HB 61 as a commercial interior
designer. She said her education focused on code and
construction standards, understanding that her responsibility as
a designer was to protect the end users. She said that she
undertakes continuing education and on-the-job training and has
taken the NCIDQ exam. She said HB 61 would allow her to
distinguish herself in the marketplace.
5:01:25 PM
KELSEY DAVIDSON testified in support of HB 61 as a commercial
interior designer and business owner. She described her daily
practice as focusing on creating safe and healthy environments
that meet national building codes, local amendments,
accessibility guidelines, and issues around safe space use and
exiting. She discussed selecting the proper interior door
hardware based on occupancy and fire rating, selecting finishes
that meet safety standards, and locating fire extinguishers
properly throughout the space. She said that commercial
interior designers work alongside architects and engineers with
a focus on safety and welfare.
5:03:03 PM
KATHERINE SETSER testified in support of HB 61 as an NCIDQ-
certified interior designer, researcher, and educator. She said
she's been the technical advisor for the development of several
international codes including the National Fire Protection
Association's NFPA 101: Life Safety Code, currently used in all
50 states. She stated that she's a forensic designer, which
means she analyzes design failures, and she described witnessing
the impacts of improperly designed interior space and its
potential for harm. She said that choices in interior design
and materials can mean the difference between accidents and
tragedies. She noted that Alaska's death rate from fire is more
than double the national average; the faster the fire develops,
she said, the greater the threat to occupants' ability to exit
safely. She said that proper materials will slow the spread of
flame and smoke; this is the domain of a registered commercial
interior designer. She said National Fire Protection
Association states that "interior finishes and furnishings in
public assembly spaces have a greater impact on the protection
of life and property than any other element;" more important,
she said, than fire alarms, sprinklers, exiting requirements,
number and arrangement of exits, and emergency signage and
lighting. She encouraged the committee to pass HB 61.
5:05:25 PM
MARY KNOPF testified in support of HB 61 as a commercial
interior designer. She explained that all three parts of the
NCIDQ exam must be passed in order to be certified: a section
on interior design fundamentals, the interior design
professional exam, and the practicum exam. While the practicum
session specifically addresses life safety, all sections include
areas designed to test matters health, safety, and welfare such
as fire resistance, toxicity, indoor air quality, egress,
accessibility, and occupancy. She said interior designers have
knowledge of areas not commonly practiced by architects such as
social, psychological, and physiological aspects of interior
space like ergonomics. She said universal design includes
accessibility, inclusivity, aging populations, and bariatrics,
while issues such as acoustics, lighting, glare, visual stimuli,
and tactile response are also considered. She said interior
designers collaborate directly with the other licensed fields
governed by AELS, providing services that other professions
don't provide.
5:07:38 PM
ANNA LEE remarked on HB 61 as a licensed architect. She said
she does the interior design on her own architecture projects.
She expressed concern that HB 61 would "take food out of the
mouths" of architects and said that since the local fire marshal
doesn't require architects' stamps on plans, architects compete
against drafters for commercial work. She said that HB 61
contains many areas of work that interior designers are not
qualified to do.
5:09:34 PM
JASON SWIFT testified in support of HB 61 as the principal
architect of ECI Alaska Architecture and member of AIA. He said
that interior designers bring an "integral aspect" to projects
and that interior design should be recognized in Alaska.
5:10:31 PM
CO-CHAIR FIELDS, after ascertaining that no one else wished to
testify, closed public testimony on HB 61.
5:10:39 PM
CO-CHAIR SPOHNHOLZ moved to report HB 61, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 61(L&C) was
reported out of the House Labor and Commerce Standing Committee.