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Posts Tagged ‘interior design law’

There’s a lot of confusion out in the world about what the difference is between interior designers and interior decorators. Although in most states there is no legal distinction, and anyone can call themselves either a decorator or a designer – and practice their craft – within the profession, we do use the terms to mean different things, which amount to a difference in scope of work and expertise. In reality, many people use the terms interchangeably still, though, even in the profession, particularly among older designers, but many younger/newer designers will be very offended if you call them a decorator, because of the difference in scope of work and education.

One of the better, more concise definitions of the distinction I’ve come across yet comes from CCIDC, as follows:

“Interior Decorator

An “Interior Decorator” is someone who primarily deals with colors, finishes, and furniture and typically stays within the residential boundary of interiors. Typically they might charge a fee for their creative services such as laying out the furniture in a room, or putting together different colors and finishes in order to create several palettes from which the client can choose. In most cases a decorator will charge a “mark-up” on all the products they sell to you. This mark-up can vary wildly, anywhere from 20% to 50% in some cases. Most decorators are reluctant to prepare a formal contract or letter of agreement spelling out what the services are that they are going to provide, and how much they are going to charge.

Interior Designer

An “Interior Designer” is someone who can complete an interior design project from start to finish, including preparing construction documents for bidding and permitting, as well as supervising the construction and installation of the work. This person in essence becomes your agent to deal with local building codes and building departments, and licensed contractors. They have the expertise to handle all of these different players, whereas you may not, or may not have the time or inclination.

Interior designers cover all types of projects from commercial (offices, medical facilities, retail shops, restaurants, hotels, retirement and nursing facilities, to name a few) to residential. Typically an interior designer has a lot of education and experience, as well as possibly having sat for one or more examinations in order to test their competency and to attain state recognition of their profession.

Again, just because someone uses the title “Interior Designer”, it doesn’t mean they are any more qualified than an “Interior Decorator”, or any one who chooses to use either title irrespective of their qualifications or experience, which may be none at all.”

Interior designers do it all

I should add that interior designers also do all the same work that decorators do – this is definitely not an “either/or” proposition. Furniture, finishes, etc. are all integral parts of a quality interior design. It’s just that designers can do so much more, including manage the entire project, coordinating the work of all other design and construction professionals such as architects, contractors, lighting designers, landscape designers, and many specialty trades.

The very best interior design jobs happen when the designer is either hired first or at the same time as the architect and contractor, because then you get the input from all sides from the beginning, and you end up with a much more cohesive project than you would if you just hired a designer or decorator once the architect was finished.

What will it cost?

Interior designers typically charge an hourly fee (at least for residential design), often in addition to a product markup, which also varies, but will typically be around 30-35% in most places. Hourly fees will vary more widely, depending on geographical location, the amount of experience a designer has, etc., but you can expect them to start around $125 per hour (at least on the coasts) and go up from there, topping out around $400 per hour or more for some of the most prominent. Prices are probably somewhat less in more inland states. Decorators usually charge much less – and rightly so, since they are also doing much less, and typically know a lot less.

It’s very rare to see a flat fee any more, because every project is so different that it’s very difficult for even the most experienced designers to accurately estimate how long it will take or what will be involved, since there are often unexpected surprises, so the entire industry has moved away from this pricing structure.

(update October 2012)  We are actually now starting to see a move back towards flat fees (often now called “value based fees”), as we learn that this is what many clients prefer.  The hourly and other models still prevail at this time, however.

 

Do they have to be licensed?

CCIDC goes on to claim that the best way to ensure you’re hiring someone competent is to hire a CID, which is a CA certified interior designer, which obviously only applies in CA. Some other states have various different rules, but the majority do not regulate the profession in any way, except at most for restricting the use of a specific title such as *certified* interior designer. (Please see the NoDesignLegislation blog if you want to know more about these issues.)

However, since certification is entirely optional, and the vast majority of designers are not certified, you would be limiting your selection options tremendously to only select from this limited pool.

And since certification has nothing whatsoever to do with creativity in any state at all, and isn’t even tested for anywhere, it’s no gauge at all of the quality of the work a person does – only their ability to pass a test, really.

In fact, many of the nation’s top designers (some of whom call themselves decorators) do not hold any form of certification or any other credential, do not belong to any of the major design organizations, etc. Conversely, some of the absolute worst (or at least mediocre) design work I’ve seen comes from designers who do hold these designations or related credentials from one of a variety of professional organizations.

The reality is that great design knows no educational or legal bounds. Great designers exist across the spectrum, as to poor ones.

So how do I find a good designer?

The very best way to find a decorator or designer is really through word of mouth – and trusting your own eyes as to what you like and don’t like. Ask your friends whose homes and offices you like who they used, then check the designer’s website, call to request an interview and to look at their portfolio if they don’t have a website (and many designers still don’t). Alternatively, you can look through design magazines, find designers through local decorator’s showcases, or just do a Google search for designers in your area. If you know what style you are interested in, that can help narrow your search further.

Make sure this person does work you like, and that you feel comfortable with them, because an interior design project can be a very long and involved affair second only to marriage in intimacy, in some ways. This person is going to end up knowing a whole lot about you in order to do a great job for you and to see it through to completion, and you’re going to be spending a whole lot of time together, so you absolutely must be able to trust them and feel at ease around them. Ask a lot of questions about how they work, what you can expect, how they bill, what their contract terms are, etc.

In your interview, also ask them about their education, experience, and background. Formal training may be an asset – or it may not, but it certainly won’t hurt. Again, many of the world’s top designers have little to no formal training (including the designer tapped to do the Obama White House, Michael S. Smith!), so a degree is simply no guarantee that this person will be any better than anyone else. But this can be a very technical field indeed, so some indication that your prospective designer keeps up on what’s new is important, even if it’s not required for anything – so ask about how they do keep current. You want to know that they at least take some classes to keep up on changes in the building codes, if nothing else, but you also want to know that they know what the latest products and technologies are, and are able to source products that you yourself cannot, since that is a lot of the best reason to hire a designer in the first place.


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This post has been moved to the No Design Legislation blog at http://nodesignlegislation.wordpress.com/2009/03/11/asid-backpeddling-as-fast-as-they-can/

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http://archive.constantcontact.com/fs060/1102107213116/archive/1102484179858.html

Interior Design Protection Council
YOUR STORY IS NEEDED!
Proof needed to DEREGULATE Florida’s Anit-Competitive Law

Our voice has been heard…now let’s finish the job

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 me at pmorrow@IDPCinfo.org 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.

I 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 pmorrow@IDPCinfo.org by March 5th.

Support our efforts to protect Florida interior designers’ rights and livelihoods.

Click here to become a member of IDPC.

Click here to read IDPC’s call to action on February 19th.

CONSUMER PROTECTION? Absolutely NOT!

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.
DID YOU KNOW THAT….

Juanita Chastain, who is working for the Department of Business Professional Regulation as the Executive Director for the Board of Architecture and Interior Design, is married to Dwight Chastain, who is working as an investigator for the firm responsible for prosecuting designers and decorators? This was confirmed on February 5th by David Minacci of Smith, Thompson, Shaw & Manausa, the private prosecuting firm for the Board.

While we have no direct proof of unethical or illegal conduct, the obscure nature of some of the disciplinary actions brought against the design community leaves us highly suspicious. For example, about a dozen individuals were disciplined for using the words “interior designer” on their application for licensure. How would the attorney and/or investigator know about those instances if not for the direct communication of such, and is the alleged feeding of such information to the prosecuting law firm or its investigator an accepted activity? It would seem that the privatization of the prosecutions should have eliminated any oversight capacity Mrs. Chastain might have had, should it not?

These and some of the other ambiguous disciplinary actions at the very least give the appearance of impropriety, and should be addressed.
We will stay on top of this and keep you informed.

THIS IS THE PERFECT OPPORTUNITY TO RID FLORIDA
OF THIS UNNECESSARY AND ANTI-COMPETITIVE LAW!
Patti PR headshot
If you have any questions, please feel free to contact me at pmorrow@IDPCinfo.org.
Patti Morrow

Executive Director
Interior Design Protection Council

Join Our Mailing List!

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This post has been moved to the No Design Legislation blog at http://nodesignlegislation.wordpress.com/2009/03/03/wake-up-and-smell-the-coffee-in-sb-337-will-hurt-your-ability-to-compete/

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Thousands of designers in Texas rally against possible legislation that would prohibit unlicensed designers from doing commercial projects, and would put at least half of the state’s 10,000 designers out of business.

And Marilyn Roberts, ASID, the 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.

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ACTION NEEDED!

Interior design SB 337 passes Senate committee 6-1

Bill goes to Senate floor on Tuesday, February 24th

Yesterday, February 18th, the Senate Committee on Commerce & Public Policy passed SB 337.

This bill would create a new state registration for a small group of interior designers who have passed the NCIDQ. It appears that this bill would benefit less than 10% of IN designers who would not qualify under the guidelines, thereby resulting in the state becoming the marketing agent for these select few, while placing the majority of the design community at an unfair competitive disadvantage.

Beware! While this may on the surface appear to be an innocuous piece of legislation, historically the pro-regulation faction will accept any piece of legislation in order to get their foot in the door. Once some kind of regulation has been established, they will come back year after year, and quietly, under the radar, attempt to incrementally amend the law until it meets their true goal: a full blown practice act.

This is not speculation.

It has, and is, happening in many states.

Incredibly, Governor Daniels, whose strong veto message denounced the 2007 Indiana title act bill, is now said to be in support of this bill because it could bring in state revenue. This is not true! The fiscal impact statement provided with the bill absurdly claims that 950 interior designers in Indiana will register @$100. The truth is that only a very small percentage of these designers (reportedly less than 100) are either qualified or willing to register, thus it will COST the state many thousands of dollars that would be better spent on recovering from the difficult economy.

Reportedly, Sen. Ron Alting, the Chair of the Committee commented in a prior meeting that he is tired of the constant barrage from ASID.

THAT IS NO REASON TO PASS LEGISLATION!!!

Are you going to let ASID’s relentless whining that they “just want some recognition” result in their getting the business you deserve? Please note:

  • According to reports that have come in referencing the ASID website, there are only 67 “professional” ASID members in Indiana [and many of those were most likely grandfathered and did not pass the NCIDQ.]
  • According the the [ultra-conservative] BLS statistics, there are approx. 1512 interior designers in Indiana.
  • Are you going to sit back and let this 4% [less if you take out those grandfathered] of elitist insiders dictate how the remaining 96% of designers in Indiana market themselves? Surely not!

THIS BILL IS GOING TO PASS UNLESS

THE SENATE IS BARRAGED

WITH LETTERS AND PHONE CALLS

OPPOSING THE BILL!!!

IMMEDIATE ACTION:

  1. Contact your Senator. Phone and fax are best, followed by email. Do ALL THREE if possible.
  2. Ask your clients, vendors, friends and family to contact their Senators and register their opposition to the bill.
  3. Contact the Governor and ask him to withdraw his support for the bill.

Link to sample letter provided below.

PLEASE DO NOT MAKE THE MISTAKE of thinking that others will do this for you!

THE ASID-LED CARTEL IS

“BOMBARDING” THE

SENATE WITH LETTERS RIGHT NOW!


Without a groundswell of opposition, this bill is going to pass. But with your help, we can defeat it.

If you live in a state surrounding IN and currently have business there or would like to work there in the future, please contact IN Senators and the Governor.

Do not let this special interest group reduce you to a second class citizen within the design community.

Protect your livelihood

Protect your rights

Protect your future!

Executive Director

INTERIOR DESIGN PROTECTION COUNCIL

Legislator Contact Info

Click here to find your Senator

Governor Contact Info

Governor Mitch Daniels

Phone: (317) 232-4567

Fax: (317) 233-4275


Sample Letter

Click here for sample letter

Contact Us

email: info@idpcinfo.org

phone: 603.228.8550

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Sick and tired of the state of Florida meddling in your design practice? Learn how to support the growing movement to deregulate the interior design profession, and why it should be deregulated.
Here’s a link to the full article, since this has gotten cut off and I still don’t know how to fix it.

Interior Design Protection Council

TAKE ACTION!
Florida deregulation will restore your right to practice!

Florida Statute 481 is anti-competitive and anti-consumer

Members of the Florida design community:

The Interior Design Associations Foundation (IDAF), the ASID-supported and funded coalition responsible for the perpetuation of Florida’s monopoly practice law, is mobilizing their licensed designers in a mass letter writing campaign in an attempt to derail the deregulation movement and save their ruthlessly enforced protectionist interior design law.

The talking points email that IDAF sent to their members to “remind legislators” is filled with misleading and blatantly false information in what appears on the surface to be an intentional effort to mislead government officials.

Click here to read IDAF talking points, 02.10.09

We cannot allow your Florida legislators to be hoodwinked into believing that (1) IDAF’s information is true, or (2) that it reflects the will of the design community. IDPC has written a STRONG REBUTTAL, which factually, statistically and empirical disproves ALL of IDAF’s claims.

Click here for IDPC Rebuttal to IDAF Talking Points.

The rest is 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?

Their lobbyist, Ron Books, is already working behind the scenes and allegedly has $400,000 at his disposal to distribute to legislators as he sees fit.

But a strong grassroots movement can trump the pocket-lining! And that’s where you come in…..

TAKE ACTION NOW!


You must act
now to let your Legislators and the Governor know that, especially in this difficult economic climate, the state government should continue no laws which make it more difficult for its citizens to compete in the free and open market unless there is clear and compelling evidence — which is clearly lacking here.

IMMEDIATE ACTION REQUIRED:

Fax, call, and email the following Legislators (click on committee or legislator link below for contact information):

Faxes are prefered over emails. Please follow up with a phone call to make sure they received your letter and see if you can answer any questions. If you can’t send a fax or email to every member of each committee, at least send one to the Chair of each committee.

It’s very important that at least one person in each committee gets a letter from you! Note: one option is to select 2 or 3 committees to send to each day. Another option is to fax a letter to the Chair, and send one email addressed to the rest of the committee members.

Fax, call and email the Governor

Rally all students you know to write as well. Licensing HURTS not helps them. (See details in Rebuttal)

Ask your clients, vendors, friends, family, and other consumers, to call or write to their legislators, asking them to deregulate the interior design law as it restricts their right to hire whom they choose, serves no ligitimate public good, and is bad for the Florida economy.

Designers in other states — If you currently do any kind of design or decorating work in Florida, or if you plan to in the future, then you also need to contact the government officials above to protect your rights.

Support our efforts to protect Florida interior designers’ rights and livelihoods.

Click here to become a member of IDPC.

CONSUMER PROTECTION? Absolutely NOT!

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.

DID YOU KNOW THAT….


Interior design practice laws affect more than just interior designers? In Florida, approximately 22 professions have been the subject of disciplinary actions of Statute 481.

If you work in any of the following professions, beware — you could be the next victim!

*interior designer *interior decorator *office furniture dealer *residential furniture dealer

*restaurant equipment dealer *flooring company *wall covering supplier *fabric vendor

*builder *real estate stager *real estate developer *realty company *remodeler

*accessories retailer *antiques dealer *engineer *drafting services *lighting company

*florist *kitchen design *upholstery workroom *carpet retail *art dealer *paint store

Even if you are an extremely successful or even a “celebrity” designer, you will not be sheltered from this law. In Florida, even internationally known designers like Kelly Wearsler, Hirsch Bedner Assoc., Juan Montayo, Clive Christian, and Phillip Sides were victims of ruthless disciplinary actions.

Click here to see the list of hundreds of Florida disciplinary actions.

THIS IS THE PERFECT OPPORTUNITY TO RID FLORIDA

OF THIS UNNECESSARY AND ANTI-COMPETITIVE LAW!

If you have any questions, please feel free to contact us at legislation@IDPCinfo.org

Patti Morrow

Executive Director
Interior Design Protection Council

Join Our Mailing List!

Forward to a friend!

Interior Design Protection Council | 91 Reserve Place | Concord | NH | 03301

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