Oklahoma is OK.

May 16th, 2009 § 4 Comments

Congratulations Oklahoma!

No longer illegal to use title “Interior Designer!”


Members of the Oklahoma design community:

 

On May 12th, Oklahoma Governor Brad Henry signed SB 592 into law. This bill amends the current title act which previously restricted the use of the title “interior designer.”

Continue reading the whole article click here.

YOU ARE NOW FREE TO USE THAT TITLE
WHICH ACCURATELY DESCRIBES THE WORK YOU DO! 

 

This is great news and another victory in erasing the damage done to free enterprise and the public’s right to choose who they hire as a designer. The problem with design legislation is that a small segment of the Interior Design community would rather maintain a single point of entry, passing the NCIDQ Exam, to allow one the privilege to call oneself an interior designer. 

With respect to the two most technical challenging rooms in the home, kitchens and bathrooms, the National Kitchen and Bath Association, NKBA, has function and safety guidelines that NKBA trained kitchen and bath designers follow. No legislation needed!

ASID and IIDA’s argument for limiting who can call themselves an Interior Designer stems from their principal argument in concern for the public health and safety. Not a shred of evidence has ever been presented which would warrant a conclusion that the unregulated practice of interior design places the public in any form of jeopardy. As it is, in residential design, some homeowners will put themselves in jeopardy to save a buck by taking on home improvement projects without consulting with an NKBA trained designer, without pulling permits and without licensed contractors. This is precisely where professional design skills, made accessable for the working class, are needed the most. Professional design services should be more accessible to the public, and yet the very groups, ASID and IIDA, who strive to impose regulation on an entire profession in the name of protecting the health, safety and welfare of the public stand to do more harm to the public than good. Restrictive licensing laws will limit the right of the public to retain the services of a designer of their choosing and restricting NKBA members from practicing their profession. The pro legislation group will continue to bombard our legislators with arguments about their importance in protecting the public’s health and safety, (proven immaterial) and the importance of education, (they do not recognize other educational tracks), and disparage unlicensed designers as not taking their career seriously, (who has the right to make that assumption that because one does not hold a license means he or she is not as equally impassioned, experienced, or educated?)

Nonetheless, every year we see this small segment of the Interior Design community continue it’s efforts,
state by state, spreading disparaging claims about their non-licensed design associates, bombarding our legislators with arguments in favor of changing legislation to prevent designers to use this title without a license. Their arguments continue to have flaws. The problem is that there can be no single point of entry into the profession. One size does not fit all by passing the NCIDQ exam. The educational requirements for licensed commercial interior designers is immaterial to the educational requirements for a residential kitchen and bath designer or to that of a restaurant/commercial kitchen designer. Least of all, the NCIDQ is not a measure of proving professionalism, nor talent. The most famous designers did not need an arbitrary test to prove their competency in the profession. If the First Family can choose an unlicensed designer, it should be good enough for the rest of America. A growing number of professional and business organizations oppose design legislation. The whole idea to add another layer of government bureaucracy to protect the public is duplicitous to codes already in place. ASID and IIDA are the only groups imposing their legislative force to limit other educated and experienced designers from practicing. The NKBA is not seeking legislative action to restrict licensed interior designers from designing kitchen and bath interiors before proving their competency by passing the CKD/CBD examinations. Although maybe they should as I have come across plenty of dumb designs from ASID licensed designers. The NCIDQ examination is flawed! It does not adequately test competency to become a kitchen and bath designer. To pass the NCIDQ exam costs thousands of dollars and several more years in education and intership under a lisenced interior designer. My efforts and clients would be better served by taking educational courses that would directly benefit my career, such as Certified Aging in Place certification made available by the National Association of the Remodeling Industry or becoming a LEED Certified Designer.

The push for Interior design licensing has become a very devisive topic within the design community. It is anti-competitive and anti-consumer and an absolute waste of taxpayers money to impose licensing laws. Let the public choose who they want to hire.

Here is the NKBA Position statement:

Approved February 29, 2008
Position Statement
National Kitchen & Bath Association
The National Kitchen & Bath Association (“NKBA”), as the leading trade and
professional organization in the kitchen and bathroom industry, takes seriously its
role in educating our members and the public at large of the importance of
retaining the services of a professional designer when contemplating new or
remodeled kitchen and bath projects. It is only through education of the public
that they become familiar with the services that a trained kitchen and bath
professional can offer, and determine for themselves the level of skill and
expertise that is required to meet their needs and budget. Because of this, the
NKBA is justly concerned about the efforts of a small segment of the interior
design community, primarily those belonging to the American Society of Interior
Designers (“ASID”), to limit the right of the public to retain the services of a
designer of their choosing and restrict our members from practicing their
profession, a profession in which we have been engaged in for many years
without complaint or concern by the public. As a result of the limited success that
those interior designers have had across the nation, and our belief that their
anti competitive efforts will continue in the future, the National Kitchen & Bath
Association has developed this Position Statement to make clear where we stand
on interior design licensing and how this organization will react to any further
attempts to restrict the profession.
ASID has for over 30 years, conducted a campaign through local coalitions to
convince a small but vocal part of its membership along with various state
legislators that there is a desperate need for interior design licensing to “protect
the public” from those designers who they have decided are unqualified and who
do not meet the self-imposed standards which they have arbitrarily set. They
have had some qualified success in obtaining licensing laws, primarily due to the
fact that such efforts went largely unnoticed by the design community at large.
Members of the National Kitchen & Bath Association generally historically were
not concerned about “titling” laws – regulations that merely restricted the ability to
use a term such as “Certified Interior Designer” or “Registered Interior Designer”
– since our members did not consider themselves “interior designers” and had no
desire to use the regulated term. In fact, under the broad definition of interior
design which these bills regulate, our members do provide interior design
services and would come well within the proscriptions of the law. 

687 Willow Grove Street Hackettstown, NJ 07840
Phone: 908-852-0033 Fax: 908-852-1695
www.nkba.org

 

###

 

 

ASID Members Resort to Mudslinging.

March 19th, 2009 § 3 Comments

A small group of pro-legislation designers in Florida are resorting to mudslinging tactics and name calling on their new blog. In a desperate attempt to gain support it looks like they will alienate more members. Whining about outside interference from other states objecting to Florida’s anti-competitive and unconstitutional law, in an illiterate rant the authors of this anonymous blog have resorted to defamation and character assassination against Patti Morrow, the Executive Director of the Interior Design Protection Council. The IDPC is the only national association of interior designers exclusively dedicated to the task of protecting the livelihoods and rights to practice interior design.

You can read a copy of their unprofessional attack and a response from Patti Morrow at Interior Design Protection Council Blog. Please post your comments there. If one cannot defend his position intelligently and finds his only recourse in name calling and character assassination, proves his argument has no weight and has nothing left to offer in his defense but to throw personal attacks at his opponents. Further, the “writer”, (cough), coward of the attack chooses to remain anonymous.

If this is an example of the leadership within the ASID, it is no wonder why more and more interior designers are disgusted with ASID and resigning as members The resignation of allied partners, vendors and even former ASID chapter officers proves ASID is losing support over useless legislation that negatively impacts the industry at large and places the burden on the American taxpayer.

Why is this important?

While Florida is one of only three states with a practice act , a minority of ASID designers have a personal stake in limiting competition under “consumer safety” in all states and are continuing to lobby for government intervention though practice acts and title acts asking that individual States give a select few a competitive and economic advantage over others, including kitchen and bath designers.

What is their evidence?

Not a shred of evidence has ever been presented to warrant a conclusion that the unregulated practice of interior design places the public in any form of jeopardy.

Further, interior design title and practice act legislation is not being advocated by the public through consumer advocacy groups, attorneys general offices or divisions of consumer affairs.

In fact, 12 government agencies have looked into this issue and concluded that interior design licensing does nothing to protect the public beyond the processes already in place. Click here for a list and access to all 12 government reports, including the 1999 Florida report recommending that the profession of interior design be deregulated.

Proving they have no evidence, even the leadership within ASID publicly admits that there are no known cases where an unlicensed interior designer created a safety hazard. Interior Designers Rallying for Rights.

With building codes in place for all local jurisdictions and building inspectors to verify that specific standards and materials are used in accordance to the local building and safety codes, the public’s health, safety and welfare is protected.

All states have very strict building codes in effect. In addition, there are codes that individual counties might impose above and beyond the state codes. Anyone practicing interior design (licensed or not) must adhere to these codes. Commercial buildings must be inspected and pass inspection by law on a regular basis. If a designer (licensed or not) specifies furniture, fabric, finishes, equipment or installations that aren’t up to code, the inspection will discover it. Any designer (licensed or not) that continually makes mistakes in this area will soon find themselves not getting work.

Alabama previously had a practice act. In 2007, the Supreme Court of the state of Alabama struck down their Interior Design Practice Act. In his opinion, Justice Parker stated: “Nor should this Court embrace the paternalistic notion that the average citizen is incapable of choosing a competent interior designer without the State’s help. The economic liberty of contract remains a protected right in Alabama, especially in a field like interior design that involves expressive activity.”

###

FEDS to rewrite SAME AS CASH offers.

March 18th, 2009 § 2 Comments

Consumers will get the rug pulled out from under them as the feds rewrite the rules on “same as cash- no interest loans” slated to take effect July 2010. The Federal Reserve is expected to issue a clarification in April 2009.

If you were planning to use one of these programs to take advantage of deferred interest on big-ticket items where you can pay the total within a given period of – 6, 12, 24 months- for no interest , there is no time like the present to act as retailers are expected to modify programs expiration terms so they expire before July 2010. For the full article click at USA Today click here: USA Today, Fed changes rules on retailers’ no-interest offers.

Legislative Update from the IDPC

March 16th, 2009 § 3 Comments

Interior Design Protection Council

Take control your future…
Amended HB 1168 will still put you OUT OF BUSINESS!

Attend Hearing on March 17th

Dear Maryland design community and supporters of the Freedom Movement:

IDPC has received word that the sponsor of practice act HB 1168 will announce the following amendments AT THE MARCH 17TH HEARING:

On page 5, in line 11, strike “OR”; in line 13, after “SELECTION” insert “, MOVEMENT, OR ARRANGEMENT”; and in line 15, strike the period and substitute “;

(5) A CERTIFIED KITCHEN OR BATHROOM DESIGNER; OR

(6) A LICENSED CONTRACTOR LICENCENSED [sic] UNDER TITLE 8 OF THE BUSINESS REGULATION ARTICLE.”.

In addition, on March 11th, Deanna Waldron, ASID stated “because HB 1168 does restrict the use of the term “interior designer,” it does not align with ASID policy,” so it is very likely that this bill will also be amended to restrict the practice of interior to “licensed interior designers,” in order to maintain support from ASID.

Please note that these amendments would do
ABSOLUTELY NOTHING to change our position!

There is no need, nor has any evidence been presented, that the UNregulated practice of interior places the public in any form of jeopardy.

If this bill passes, in order to continue practicing the FULL SCOPE of interior design — as you have the freedom to do now — you will have to be NCIDQ certified. That means you may have to close down your business and go back to school, or go to work under another licensed designer (if you can even find one willing to hire you) at little or no pay in order to qualify to sit for the NCIDQ exam.

We simply cannot stand by and allow the interior design cartel to monopolize all the business in Maryland and dictate to consumers who they may hire. We need YOUR help to stop it.

Please please plan to attend the hearing:
March 17th
1:00 p.m.
Room 230 of the House Office Bldg
6 Bladen St, Annapolis MD 21401.

This law would put many thousands of Maryland designers, decorators, contractors and retailers out of business without any demonstrable showing of harm to the public from the failure to license the interior design profession. If passed, Maryland would go against the vast majority of states which found such legislation to be anti-competitive and unnecessary.

If this law is passed, only 325 designers will have the freedom to practice as they like. Thousands will lose their ability to earn a living and contribute to the growth of Maryland’s economy.

There are only three states in the entire country that have interior design practice laws, and none were passed since the 1990s. Most recently, the Supreme Court of Alabama struck down and declared unconstitutional that state’s interior design practice law which was less restrictive than the one being proposed here.

At least twelve state agencies reports have examined the need for titling and/or licensing laws for interior designers and all found no benefit to the public, concluding that consumers already possessed the means to make informed decisions about interior designers. Click here to access all twelve reports.

In 2002, the Maryland Department of Legislative Services conducted a Sunset review of Maryland’s existing interior design title act and recommended a repeal of that law, stating that the regulation of Interior designers was not needed to assure the protection of the public as the interior design services offered by certified interior designers present no risk of serious injury or financial harm to the public. Nothing has changed since the date of that report.

Please note that under this bill, interior design is defined to include:

Preparing and administering interior design documents, including drawings, schedules, and specifications, in the planning and design of interior spaces involving:
furnishings
layouts
fixtures
cabinetry
lighting fixtures
finishes
materials
interior construction
There is NO grandfathering for those who are not already certified. You will NOT be able to continue practicing.

Click here to read the entire bill.

DC, DE and VA

Help your colleagues in the State of Maryland defeat restrictive design licensing in their state. If you do or plan to do business in Maryland you should take this threat to the design community seriously. If the most restrictive, anti-competitive law in the country is passed in Maryland, how long do you think it will be before the interior design cartel enacts or expands a similar law in your state?

TAKE ACTION

Action must be taken now to let the members of the House Economic Matters Committee know about the widespread effect that such disastrous legislation would have, not only on your right to continue in business but on the rights of many thousands of employers and employees in the State of Maryland who will be negatively affected by this restrictive and unnecessary legislation.

In today’s difficult economic climate, the state should not pass legislation which would make it more difficult for its citizens to compete in the free and open market, unless there is compelling evidence that the public is being harmed by the failure to regulate. Clearly, no such evidence exists.

Click here for contact information for Economic Matters Committee

DON’T THINK THAT OTHERS WILL DO THIS FOR YOU —
Everyone needs to be involved to defeat this bill!

YOUR FUTURE IS IN YOUR HANDS.

If you are planning to:
Attend the hearing
Attend and testify at the hearing
please contact pmorrow@IDPCinfo.org on Monday, March 16th.

IDPC is the only national organization solely dedicated to protecting your livelihood and right to practice.

Please join our crusade and become a member.

Patti Morrow
Executive Director
Interior Design Protection Council

Iowa: New Bill Introduced

March 6th, 2009 § Leave a Comment

Interior Design Protection Council

HSB 203 Excludes Majority of Designers
Will hurt your ability to compete — ACTION NEEDED!

March 5, 2009

Dear Iowa design community,
A bill has just been introduced in the Iowa House Committee on State Government for “A study bill for establishing alternative project delivery procedures for certain public projects undertaken by political subdivisions”
Don’t let the long description scare you! What this bill would do is exclude you from projects you are currently or could in the future work on.
HSB 203 would limit state and local municipalities to hiring only “design professionals” to serve on a selection committee for construction management project delivery, design-build best value project delivery, and design-build qualifications-based project delivery. This decision should not be made in advance and should be left up to the discretion of the issuing authority to determine what expertise they need on a project, given the size, scope and nature of the work to be performed.
A “qualified professional” is defined in the bill to include a licensed architect, licensed engineer, licensed landscape or registered interior designer. This means that you would be precluded from assisting in the selection of the construction manager or design-builder, which further means that it would be unlikely that you or your firm would be selected by the committee to bid on the project.

While the requirement about a licensed engineer, architect or landscape architect might make sense depending on the scope of the governmental work, allowing only a “registered interior designer” does not satisfy that same test. As of August 8, 2008, there were a grand total of 39 registered interior designers in the State of Iowa. There may be even less today given the condition of the economy and the cost to register.

By limiting the definition of “design professional” to registered interior designers to benefit only 39 in the entire state, the issuing authority would be denied the expertise of the majority of designers in Iowa, whose input might be valuable depending upon the project being considered.

What you can do
Please contact the committee and urge them to vote against this bill and grant your political subdivisions to right to determine the best experts for the job.

Click here for Committee contact information.

Suport our mission to protect the rights and livehoods of interior designers.
Click here to join IDPC.

Join Our Mailing List!

It doesn’t involve me.

March 5th, 2009 § 4 Comments

How many times have I heard that?
When you read the news about Design Practice Acts and think that it does not impact you, think again.

We simply cannot stand by and allow the interior design cartel to monopolize all the business in any state and dictate to consumers who they may hire.

At Issue: Help your colleagues in the State of Maryland defeat restrictive design licensing in their state. If you do or plan to do business in Maryland you should take this threat to the design community seriously. If the most restrictive, anti-competitive law in the country is passed in Maryland, how long do you think it will be before the interior design cartel enacts or expands a similar law in your state?

Click here for contact information for Economic Matters Committee for Maryland Economic Matters Committee. Email your protest letter today.

HAPPENING NOW
Interior Design Protection Council

Take control your future…
HB 1168 will put you OUT OF BUSINESS!

Attend Hearing on March 17th

Dear Maryland design community and supporters of the Freedom Movement:

On February 13, the Maryland State Legislature introduced an Interior Designers Licensing Act which, if adopted, will be the most restrictive interior design law in the country.
If this bill passes, in order to continue practicing interior design, you will have to be NCIDQ certified. That means you may have to close down your business and go back to school, or go to work under another licensed designer (if you can even find one willing to hire you) at little or no pay in order to qualify to sit for the NCIDQ exam.
We simply cannot stand by and allow the interior design cartel to monopolize all the business in Maryland and dictate to consumers who they may hire. We need your help to stop it.
Please please plan to attend the hearing:
March 17th
1:00 p.m.
Room 230 of the House Office Bldg
6 Bladen St, Annapolis MD 21401.

This law would put many thousands of Maryland designers, decorators, contractors and retailers out of business without any demonstrable showing of harm to the public from the failure to license the interior design profession. If passed, Maryland would go against the vast majority of states which found such legislation to be anti-competitive and unnecessary.

If this law is passed, only 325 designers will be allowed to practice. Thousands will lose their ability to earn a living and contribute to the growth of Maryland’s economy.
There are only three states in the entire country that have interior design practice laws, and none were passed since the 1990s. Most recently, the Supreme Court of Alabama struck down and declared unconstitutional that state’s interior design practice law which was less restrictive than the one being proposed here.

At least twelve state agencies reports have examined the need for titling and/or licensing laws for interior designers and all found no benefit to the public, concluding that consumers already possessed the means to make informed decisions about interior designers. Click here to access all twelve reports.

In 2002, the Maryland Department of Legislative Services conducted a Sunset review of Maryland’s existing interior design title act and recommended a repeal of that law, stating that the regulation of Interior designers was not needed to assure the protection of the public as the interior design services offered by certified interior designers present no risk of serious injury or financial harm to the public. Nothing has changed since the date of that report.
Please note that under this bill, interior design is defined to include:

Preparing and administering interior design documents, including drawings, schedules, and specifications, in the planning and design of interior spaces involving:

  • furnishings
  • layouts
  • fixtures
  • cabinetry
  • lighting fixtures
  • finishes
  • materials
  • interior construction

There is NO grandfathering for those who are not already certified. You will NOT be able to continue practicing.

Click here to read the entire bill.

DC, DE and VA

Help your colleagues in the State of Maryland defeat restrictive design licensing in their state. If you do or plan to do business in Maryland you should take this threat to the design community seriously. If the most restrictive, anti-competitive law in the country is passed in Maryland, how long do you think it will be before the interior design cartel enacts or expands a similar law in your state?

TAKE ACTION
Action must be taken now to let the members of the House Economic Matters Committee know about the widespread effect that such disastrous legislation would have, not only on your right to continue in business but on the rights of many thousands of employers and employees in the State of Maryland who will be negatively affected by this restrictive and unnecessary legislation.
In today’s difficult economic climate, the state should not pass legislation which would make it more difficult for its citizens to compete in the free and open market, unless there is compelling evidence that the public is being harmed by the failure to regulate. Clearly, no such evidence exists.
Click here for contact information for Economic Matters Committee

DON’T THINK THAT OTHERS WILL DO THIS FOR YOU —

Everyone needs to be involved to defeat this bill!
YOUR FUTURE IS IN YOUR HANDS.

IDPC is the only national organization solely dedicated to protecting your livelihood and right to practice.
Please join our crusade and become a member.

Patti Morrow

Executive Director
Interior Design Protection Council

CONSUMER PROTECTION? Absolutely NOT!

March 4th, 2009 § Leave a Comment


Not a shred of evidence has ever been presented to warrant a conclusion that the unregulated practice of interior design places the public in any form of jeopardy.
In fact, 12 government agencies have looked into this issue and concluded that interior design licensing does nothing to protect the public beyond the processes already in place.
Click here for a list and access to all 12 government reports, including the 1999 Florida report recommending that the profession of interior design be deregulated.

Further, even Marilyn Roberts, ASID’s president of the Texas Association for Interior Design which along with ASID is responsible for promoting anticompetitive legislation in Texas, also admitted that there is “no documented case she knows of in Texas where an unlicensed interior designer created a safety hazard“. Read the full story and watch the video here: http://www.kxan.com/dpp/news/local/Interior_designers_rally_for_rights?disqus_reply=6433417#comment-6433417.
Thank you Wendy Hoechstetter for bringing this to my attention. Please read Wendy’s insightful comments here.

Have a story to tell: Please email your letters to by March 5th.

Proof needed to DEREGULATE Florida’s Anit-Competitive Law

March 3rd, 2009 § 4 Comments

Members of the Florida design community:

Governor Crist has indicated that he is interested in deregulating professions that have been faltering under the burden of excessive and redundant governmental regulation which is stifling Floridians’ ability to earn a living, as well as hindering growth of the state’s economy. Senator Don Gaetz, Chair of the Senate Select Committee on Florida’s Economy, has also expressed a keen interest in deregulation, particularly of interior design.
Both the Governor’s office and Senator Gaetz are seeking real life examples of how the current anti-consumer, anti-competitive practice law has negatively impacted your ability to market yourself and/or how it has restricted you from practicing to the full scope of your abilities and caused you to turn down business that you would otherwise be able to perform.
This is the opportunity we’d hoped for!

You can change the future of interior design in Florida

and be a part of this exciting historical opportunity!
Please compose a letter detailing how this law has hurt you over the years. Be specific — list:
  • Examples of jobs you have had to turn down, like small offices, common areas of condos, community centers, hotel foyers, etc.
  • How not being able to accurately describe what you do or market yourself in the yellow pages, website or search engines, advertisements, has cost you business because potential clients cannot find you
  • How not being able to fully practice is making you less competitive
  • Names of individuals or organizations that have recently emailed or telephoned you to do commercial work, but that you had to turn down
  • List examples of any and all disciplinary actions inflicted on you by the prosecuting attorney, detailing exactly why you were cited
  • List any fines you had to pay
  • List any attorneys fees or legal bills associated with defending or answering disciplinary charges
  • List any costs associated with being forced to come into compliance
  • State if you had to sign an affidavit to avoid fines, basically signing away your right to ever practice interior design or call yourself an interior designer and how that has hurt your ability to earn a living
  • List any particularly egregious charges, such as being disciplined for “referring to yourself as interior designer on a bookmark” or “listing yourself as interior designer on your application for licensure,” etc.
  • If you live in another state, but are prohibited from working in Florida and contributing to the Florida economy through the products you would purchase and people you would hire to complete your projects, you should also write to the Governor and Senator.

Please email all letters to by Thursday, March 5th. You may sign them or remain anonymous using just your first name, initials, or pseudonym if you prefer privacy. Keep them to one page, and attach as a word document, if possible.

IDPC will collect all the letters, fax them with a cover letter to the Governor and Senator Gaetz, and follow up with a phone call on behalf of the interior design community. I understand that at least one other group is doing this as well.
It is important that the Governor and Senator understand the we are a LARGE, organized group and that WE represent the majority voice of the design community. They’ve already heard from ASID/IDAF… NOW IT’S OUR TURN!
LET’S MAKE OUR VOICE LOUDER THAN THEIRS! Let’s shout it from the coast to coast,
“Florida’s interior design practice act is unjust,
unconstitutional, and unnecessary

and needs to be undone!”

Now it’s up to you
  • Do you want to continue to let this cartel restrict you from performing services that you would be perfectly able to provide in 47 other states?
  • Do you want to continue to let this cartel take away your First Amendment Right to accurately describe yourself and what you do?

Please email your letters to by March 5th.

December 16th, 2008 § Leave a Comment

Lead Paint Regulation- The Environmental Protection Agency (EPA) has announced a new legislation aimed at protecting children from lead-based paint hazards. There are several components of this rule that contractors will be required to follow. While some requirements will not take effect until April, 2010, the first phase of this rule takes effect December 22, 2008 and requires contractors to distribute EPA’s new Renovate Right brochure to owners of homes built before 1978. View the attached PDF version of the brochure by clicking the link for more information.

Summary:

  • The rule requires that contractors and construction professionals that perform work in pre-1978 housing distribute certain information before performing the work and follow lead-safe work practice standards during the work.
  • This brochure must be provided no more than 60 days before beginning work.
  • This brochure also must be provided before doing work on a “child-occupied facility” (as defined in the regulations to include things like day care centers and other buildings frequently visited by children under 6) built before 1978.

For more information visit: http://www.epa.gov/iaq/homes/hip-lead.html

Legislative Update from the IDPC

August 12th, 2008 § 1 Comment

Interior Design Protection Council

In This Issue
“Misinformation”
FL: It’s getting HOT
AZ: Sunrise
PA: IDLCPA truth-twisting
TX: Searching for harm
MA: MIDC laments VETO
CA: IDCC’s sneaky tactics
NH: NHIDC Smokescreen
TN: New Ally
OR: ASID’s Fairy Tales
NY: Corection, please
Say, now
Letters to the Editor
Quick Links
IDPC Website
Join IDPC
More About Us
Rebuttal to ASID Strategy
Case Statement
Article Links
Designing Freedom
Coming to a State Near You?
State of Fear
Lawful Enterprise
Crimes & Misdemeanors
Watch Out for that Pillow
Wallpapering with Red Tape
Don’t Regulate Designers
Join Our Mailing List
Become a Sponsor
Only with the help of our sponsors are we able to fund the many programs needed to continue our work.

How to become a Sponsor


Featured Link
questionmark
Click here to see the best home improvement tool ever!
Legislation Update
Members of the design community,
Last year, 24 attempts to regulate interior design were thwarted. So far this year, at least 21 bills have been defeated or sidetracked. Please join IDPC as we continue to resist the attempts to create a monopoly which would not include YOU.


Misinformation

IJ misinformation Dr. Caren Martin, an advocate of interior design regulation, released a report purporting to rebut the key claims of Designing Cartels. Martin’s report, however, provided no evidence of the need for or benefits from regulation, while essentially conceding that the push for such regulation comes exclusively from industry insiders. Martin’s attack does not disprove the key findings of Designing Cartels and, as such, is yet another in a long line of examples of design industry insiders’ failure to make a persuasive case for regulation.

Click here to read Dick Carpenter’s rebuttal, Misinformation & Interior Design Regulation: How the Interior Design Cartel’s Attack on IJ’s Designing Cartels Misses the Mark


It’s getting HOT in Florida

hotWould you think that drawing a furniture layout on a napkin for your client at a lunch meeting is no big deal?

You would be wrong. Florida is cracking down on designers and office furniture dealers who are designing and/or doing space planning without a license, even though there is no evidence that these activities jeopardize the safety of of the public.
Click here for more details on the Florida situation
Join IDPC as we continue to investigate a remedy to correct the anti-competitive environment of Florida.



Sunrise in Arizona

az Recently, a Sunrise Act was signed into law in Arizona. This sunrise law prohibits the enactment of any new regulation that does not meet the burden of proof that the new law would improve protecting the health, safety and welfare of the public. Kudos to IDPC member Robert Lashua for his hard work in helping to get the Sunrise law enacted!

14 states currently have sunrise laws. These laws make it much more difficult for ASID and its funded coalitions to push through their anti-competitive legislation because they cannot produce any evidence that unregulated interior design places the public in any form of jeopardy.
Every state should have these laws! To find out whether or not your state has a sunrise law, or for assistance in lobbying for one, please join IDPC.



Truth twisting by IDLCPA in PA
fingers crossed
The Pennsylvania Senate has adjourned for the remainder of 2008, which means that HB807 is essentially dead because the Senate will not reconvene to vote on it this year.
However, IDLCPA has already formulated a revised piece of legislation to be reintroduced on day 1 of the 2009 session.

Supporting its position on anti-competitive regulation, in a recent newsletter, ASID PA-East said, “Don’t let the oppostion’s [sic] scare tactics be your only source of education. AIA, NKBA, as well as other organizations are lobbying against you….. and we are out there making sure you can practice. Legislation is the only way we are going to guarantee that right to practice won’t be taken away.”

WRONG, on all accounts.

  1. Scare tactics, such as the MGM Grand Hotel fire, have come directly from ASID.
  2. NKBA, IDPC, Liberty for PA Designers, IJ and others are working diligently to ensure that ALL designers retain their ability to practice — not just those ASID deems are worthy.
  3. ASID certainly is “out there” in a big way, having spent allegedly over $6,000,000 lobbying for its state-imposed monopoly scheme.
  4. Nobody is trying to take away your right to practice except ASID and its funded coalitions. They are trying to diminish or eliminate your right to practice by introducing legislation so restrictive that you will lose your right to practice unless you meet their criteria.

I encourage all PA designers who want to continue to practice to join IDPC and help us fight the 2009 practice act.



Searching for harm in Texas

rabbit hat In response to the lawsuit filed by the Institute for Justice challenging the Constitutionality of the state’s Title Act, Marilyn Roberts, TAID President sent an email to some Texas ASID members exclaiming, “We must get cases of harm in Texas!!!!!”

Shouldn’t evidence of harm have been established prior to the law being enacted? Could it be that none existed then, and that none exists now? Two clichés come to mind:
  1. Locking the barn door after the horse is out
  2. Pulling a rabbit out of a hat

Ms. Roberts also requested that all information be sent to her, NOT to the TBAE (regulation board), stating, “If information goes directly to TBAE, it becomes “public knowledge.” One more example of the pro-regulation camp’s desire to surreptitiously impose their elitist agenda on an unknowing design community.
Peggy Lewene Vassberg, the member of the Texas Board of Architectural Examiners (TBAE) who represents the interior design community on the Board, was “grandfathered in” because she did not have the specific education, experience and examination criteria that the board requires of everyone else who wants to use the title “Interior Designer.”
In fact, at least 80% of active interior designers who are able to use the title “Interior Designer” in Texas were “grandfathered.”

Does this seem hypocritical to anyone else?
IDPC has a growing number of members in Texas. We are especially thankful for Fern Santini and her hard work and diligence in spearheading the opposition movement and educating legislators.
If you are a Texas designer or decorator, please join IDPC to make that voice louder. With your assistance, we can help repeal the Title Act and stop the 2009 Practice Act (yes, apparently they are going forward with it, even if the Title Act is repealed).


MIDC laments the MA VETO

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On August 8, Governor Deval Patrick of MA vetoed the Cartel’s attempt to get their foot in the door with a “bidding bill.”
Lamenting the veto, the Massachusetts Interior Design Coalition (MIDC) claims the Governor has denied designers the opportunity to bid on state contracts and that the taxpayer will overpay for work to be completed.
Don’t believe their rhetoric and scare tactics!
  1. Designers already have the ability to bid on state contracts. Where’s their proof? Just like their “protect the health/safety” propaganda, there’s no evidence to back up their empty claims. This bill would just add another layer of bureaucracy and allow MIDC/ASID to get a foot in the door to enact more restrictive regulation.
  2. You’d have to live under a rock to not understand that OVER-regulation causes the taxpayer to OVER-pay, not lack of regulation

The veto of this bill fully supports the Governor’s “Creative Economy” initiative. Interior design involves more than an ability to read codes. It requires vision and creativity. Obviously, Governor Patrick understands this important concept, and we applaud him for taking the appropriate action.
MIDC, with ASID’s support, will undoubtedly continue to advocate for restrictive regulation in the Commonwealth. Please join IDPC to prevent them from eliminating your right to practice in 2009.


Sneaky tactics exposed in California

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We have received word that IDCC had been attempting to “gut & amend” the practice act that was rejected by the House, and insert it into another bill to slip through the Assembly.
One of the main reasons for the House rejection of the practice act last spring was the testimony and opposition of the Community College League of California on behalf of its 72 colleges which would have been negatively impacted if the bill had been enacted. We have also learned that the proponents are trying to circumvent the CCL by bringing their propaganda directly to each college individually, so that when CCL attempts to oppose the amended bill they will produce letters of support from all the individual colleges they have dupped. Allegedly, they are even providing sample language to use.

CCL has been notified of this sneaky tactic. No doubt they are taking appropriate measures.
Join our rapidly growing base of CA members and students, who are working to ensure that your right to practice is not taken away.


NHIDC smokescreen

smokescreen

According to their website, the New Hampshire Interior Design Coalition “has prepared a bill for certification for consideration by the NH Legislature.”
In March 2007, the NH Legislature overwhelmingly voted against regulating interior design claiming they “could not find sufficient or compelling enough evidence.” Among their specific reasons, they cited “the wide philosophical differences within the New Hampshire interior design community” and the “lack of impact on the welfare and safety of the public at large.”
Subsequently, NHIDC attempted to push another bill through later in 2007, this time a title act, but it was withdrawn by Legislative Services, who clearly understood that this was just another attempt to regulate the profession in the same session — not allowed under NH law.

The “new” certification bill to be proposed by NHIDC is nothing more than a smokescreen, a guise which they would use as a stepping stone to introduce future, more restrictive regulation.

Speculation? No, FACT. After the defeat of the 2007 practice act, Maria Perron, president of NHIDC wrote to her members:
“Since NH isn’t the most agreeable state towards licensure…we may want to begin with a title act and move inconspicuously toward a practice act within a few years.” (emphasis added)
Unfortunately, this type of under-the-radar, incremental approach is the hallmark of the pro-regulation camp.
Don’t let this happen in your state! Join IDPC to stay on top of any “inconspicuous” attempts in your state.

New Ally in Tennessee

shaking hands Shaka Mitchell, former Outreach Coordinator with the Institute for Justice, has accepted a new position as Vice President of the Tennessee Center for Policy Research. Shaka has assured us that he is interested in working with IDPC to defeat future TN cartel attempts. IDPC assisted in defeating TIDC’s 2008 title act, but they clearly and emphatically state on their website that both bills will be re-introduced in January, 2009.

If you are a Tennessee interior designer, we urge you to join IDPC and help us stop Tennessee’s Title Act from being amended into a Practice Act that would prohibit you from practicing interior design.


Fairy Tales in Oregon

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ASID Oregon Chapter recently sent out a newsletter to their members in which Debra Fugate states, “NCIDQ is a 501(c)3 which strictly prohibits political lobbying.”
Does she also believe in the tooth fairy?
According to the CCIDC (California Council for Interior Design Certification) website, “NCIDQ is not just a pure examining body, but is involved in lobbying and legislation which includes this activity to be through third parties it associates with.”
CCIDC, as an organization, does not take a political stand on interior design regulation, but simply states the facts without bias. We agree with their proclamation about NCIDQ’s lobbying activities.
Click here to read the statements made by NCIDQ that led to this conclusion.
It is truly amazing that any Allied member of ASID would support regulation that will udoubtedly include passage of NCIDQ. Do they understand that their organization is pushing for legislation that will not include them? Or are they hoping for an initial “grandfathering” that will let them in, then close the loop for any other designers like them?
Designers, and more importantly, STUDENTS, who are concerned that they will be left out of the loop should join IDPC to assist us in stoping legislation from being enacted.


Correction, please (NY)

white out We previously reported that less than 10% of all interior designers in the state of NY have even bothered to become “registered.”

However, industry leaders have informed us that only 200 designers are registered, and that it is widely believed that the number of interior designers in NY could well exceed 10,000.
No wonder Governor Paterson VETOED the interior legislation attempt! A law which adds nothing to protect the health, safety and welfare of the public beyond that which is already in place, and which would only benefit less than 2% of the industry is obviously not a legitimate goal of good government.
Unfortunately, mere facts and logic will not stop future attempts to pass more restrictive regulation in NY — this was the third veto by a Governor on identical legislation.
Please join IDPC to ensure that future legislation attempts are thwarted.


Say, now

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Do you have something to say about the attempt to monopolize the interior design profession?
Two IDPC members have excellent blogs creating a forum for your comments.
ASID: An Agency Out of Control, by Cote de Texas
ASID Tactics Leave Acid Aftertaste, by Kitchen Design Notes


Letters to the Editor
Non-ASID designers are just “Bag Ladies”

Response to Designing Freedom newsletter 7/1/08 bag lady

Ms. Kerekes writes:
ARE YOU KIDDING ME !!!!! ASID is a membership of qualified interior designers whose formal training and experience has enabled them to join this must [sic] admired group of PROFESSIONALS not decorinas or “Bag Ladies” who hang out their shingles with no knowledge, or education of design safety issues, codes, and proper practices of the profession of interior design. It’s about time we got the regulations we deserve. You wouldn’t want a doctor without a license or an attorney or an architect. I am so sick of seeing self-proclaimed decorina’s charging a fortune and giving clients terrible and dangerous advise [sic]. You are just jealous! Go back to school. and get the proper credentials and join a group you can be proud of!!! Shame on you!!!!

Linda Kerekes, Allied ASID

* * * * * * * * *
decorinaJLdec.o.ri.na (dek a ree’ na) n. a highly successful, non-NCIDQ certified interior designer who performs all functions of design while wearing pointe shoes.
“As a vessel is known by its sound whether it be cracked or not, so men are proved by their speeches whether they be wise or foolish.” (Demosthenes)
Click here to read IDPC’s full response to Ms. Kerekes’ diatribe.
Logic prevails
Re: Regulation of Interior Designers (August 5, 2008)

I think that although it is important for those in the design industry to remain updated as to trends, laws, and other issues that are pertinent, I believe that regulation would hurt not help all those involved. I think that if you look at some of the most successful decorators and designers, you will find that they are not, in fact, ASID. It is my belief that those trying to regulate the industry, are trying to create a monopoly!

Laura Inglis
Interior Designer IDS, DANA

Please send your letters to the editor to . Letters may be edited for length only.

Colleagues,
If you were not convinced that there is a national attempt to create a monopoly within the interior design profession (a.k.a. “The Intolerable Acts”), we hope that after reading this newsletter your eyes have been opened.
We also expect to see 2009 regulation activity in the following states: AL, HI, ID, IN, MI, MN, MS, NE, OH, OK, SC, WA, and most likely in additional states that we are not yet aware of.
The only way to stop the national push to eliminate the majority of interior designers is for that same majority to break through their apathy and join IDPC. We are the only national organization exclusively dedicated to stopping anti-competitive legislation (a.k.a. “Project: Designing Freedom”)
But we simply cannot do it without your assistance. Join IDPC.
$100/year for Members
$ 20/year for Students
Together we can stop the pro-regulation faction from hijacking our profession.
PM - headshotSincerely,

signature-B&W
Executive Director
Interior Design Protection Council

The Interior Design Protection Council is a national, nonprofit business league dedicated to protecting the livelihoods and rights to practice of interior designers and those we work with.

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