Why should Interior Designers be licensed?

The answer is simple: every decision an interior designer makes affects life safety and quality of life. Legal recognition of interior designers and regulation of the practice establishes enforceable standards of minimum competency and ensures that only qualified individuals design interior spaces and represent themselves as having the qualifications to do so.

In the absence of regulation, the public believes that either 1) regulation is not required because there is little or no risk of harm in the buildings in which we live work and play or 2) that the risk of harm has been mitigated through the licensure of others – mainly architects and engineers – and through the regulatory review for code compliance by building codes and fire officials.

New building construction, as well as building renovation projects, generally involves licensed architects, engineers, and other design professionals including interior designers. The drawings are reviewed by building departments and fire marshals’ offices and the projects are visited periodically during construction to check regulatory compliance. However, the public is largely unaware of the magnitude and frequency of change in interior space content without appropriate review of building and life safety code compliance or the involvement of licensed design professionals. Interior space content – finishes, furniture, fixtures and equipment – is often selected, specified and installed not as a part of or out of sequence with the building construction or renovation review and permitting process.

The lack of review and oversight is largely, we believe, due to the incremental change of interior space content over the life of a building. This incremental change rate may be driven by changes in ownership or tenancy, changes in occupancy or capacity or other changes driven by wear and tear, design considerations and objectives, as well as the reconfiguration of furniture, fixtures and equipment. In any event, changes of this sort occur with infinitely greater frequency than new building construction or significant renovation projects.

Flame spread, smoke generation and toxicity, accessibility, and egress obstruction, material off-gassing, moisture migration and mold growth, serviceable application of materials, project completion and occupancy delays, unanticipated project ‘extras’ which impact the budget and schedule, sustainable design, etc. are sources or risks of harm which, to an alarming degree, fall through the ‘regulatory review cracks.’

For example, while a significant renovation of an interior space should probably require a building permit in many jurisdictions – and thus a review of the project’s drawings and specifications – that same project space might not be subject to such a review in some jurisdictions or if the renovation included only an update of finishes such as flooring and wall covering and the installation of new open office systems furniture. Although the finishes must still meet certain requirements as mandated by code – flame spread ratings, smoke toxicity requirements, etc. – to prevent potential injury to the building users, no oversight is provided in the project implementation process. Similarly, the location of furnishings, open office systems in particular, significantly impact means of egress and accessibility within an interior space.

The limited number of licensed design professionals when compared to the variety of ways interior space content is selected and procured would suggest that a very large percentage of interior space content is not covered by any kind of regulatory review or by licensed professional oversight in our current design practice environment. The following diagram, while anecdotal in nature, displays a probable scenario reflecting the broad interior space content delivery process.

The Spectrum of Interior Space Content Delivery In the absence of licensure, the “accountability standard” is dangerously blunted.

Codes and building officials review only interior projects of a certain size and scope for compliance with regulations Architects operate within this process with the majority of their designs requiring regulatory review and permitting. Traditional interior firms often are involved in projects which also require review. We know that there are others making interior space content decisions, sometimes with and sometimes without the assistance of either design professionals or within the purview of the regulatory authorities. These decision-makers and project participants may not be aware of important life safety and other health and welfare issues when selecting and procuring interior content space content for habitable space.

Further, by providing legal definitions of the scope of interior design services and who may refer to themselves as an interior designer, legislation helps consumers differentiate the responsibilities and services of each of the design professions, helping them choose the appropriate professional for their projects and bringing them the benefit of open competition to the design process.

Legal recognition enables a state or jurisdiction to discipline an interior designer. Without the ability to regulate and discipline a profession, a jurisdiction cannot protect the public.

Professional recognition of interior designers benefits and protects the public in other ways, too.

		It provides standards of practice embodied in an enforceable code of ethics, which incorporates professional fiduciary responsibilities.
		It allows consumers a means of addressing grievances with interior designers and prevents unethical designers from continuing to practice.

Currently 25 states and U.S. jurisdictions and 8 Canadian provinces have licensing or registration requirements for interior design practitioners. There are 6 states with legislation pending and 3 title act states and 1 Canadian province with practice acts introduced in their legislatures.

Why should it matter to me?

Professional Standards. One result of the increased focus on interior design fueled by popular media is an influx of untrained “interior designers” in the marketplace. In states without interior design laws, there are no professional qualifications for an individual to practice interior design. In such cases, the public health, safety and welfare in jeopardy, as an unqualified individual may make decisions that put lives at risk.

Right to Practice/Loss of Work. If you live in a state without an interior design title act or practice act, interior design is not a legally recognized profession and you may, therefore, be precluded from practicing to your fullest capabilities or bidding on certain state projects even though you have formal interior design education, experience and have passed the NCIDQ exam.

In addition, without a legal definition of interior design and a defined scope of practice, interior designers run the risk of losing their ability to provide certain services through the regulation of other design professions. This means loss of work for interior designers.

Ability to Practice Across State Lines. Given the mobility and global nature of businesses today, interior designers are unlikely to practice in the same city or state throughout their careers. The ability of interior designers to work on a project across state lines or to move their business from state to state depends on establishing a standard scope of practice and professional qualifications for interior designers. If Tennessee’s interior design registration regulations are less stringent than those of other states, we may lose registration reciprocity (the acknowledgement of another state’s regulation as similar to its own) with those states, and with it, the ability to work in that state without a time-consuming and costly application process. And of course, we run the risk that we might not meet that state’s practice requirements at all.