NEVADA STATE Board of Architecture, Interior Design & Residential Design

2080 E. Flamingo Rd., Suite 120

Las Vegas, NV 89119

(702) 486-7300 – phone

(702) 486-7304 – fax

nsbaidrd@nsbaidrd.nv.gov

MEMORANDUM

May 2006

To: Nevada furniture, finishes, fixtures and equipment vendors

From: Nevada State Board of Architecture, Interior Design and Residential Design

Re: Specifying furniture and providing space planning services in Nevada

The mission of the Nevada State Board of Architecture, Interior Design and Residential Design is to protect the health, safety and welfare of the public. As part of this mission, the board educates business owners about Nevada laws and which services fall under the practice of architecture and registered interior design.

When the registered interior design law passed in 1995, a limited exemption was provided for people who prepare drawings of the layout of materials or furnishings used in interior design (NRS 623.330). The exemption allows the implementation of drawings or installation of materials or furnishings, as long as they are not regulated by any building code or other law, ordinance, rule or regulation governing the alteration or construction of a structure. Prior to 1995, these activities were considered the practice of architecture and not exempt from the law.

NRS 623.330 reads in part:

1.  The following persons are exempt from the provisions of this chapter:

(g) Any person who prepares drawings of the layout of materials or furnishings used in interior design or provides assistance in the selection of materials or furnishings used in interior design, including, without limitation:

(1) Decorative accessories;

(2) Wallpaper, wallcoverings or paint;

(3) Linoleum, tile, carpeting or floor coverings;

(4) Draperies, blinds or window coverings;

(5) Lighting fixtures which are not part of a structure;

(6) Plumbing fixtures which are not a part of a structure; and

(7) Furniture or equipment,

if the preparation or implementation of those drawings or the installation of those materials or furnishings is not regulated by any building code or other law, ordinance, rule or regulation governing the alteration or construction of a structure. (Emphasis added)

The following examples of interior design services are regulated; they do not fall within the exemption:

· Furniture: A building permit is required when specifying moveable cases, counters and partitions, including modular furniture, over 69” in height. Additionally, fabric covered partitions, whether 69” in height or less, must meet specific flame spread and smoke development requirements of the “Interior Finishes” chapter of the applicable building code.

· Space planning: Providing interior space planning on a commercial project requires compliance with applicable building and fire codes and the Americans with Disabilities Act. Space planning includes, but is not limited to, the type, amount and placement of furniture, finishes, fixtures and equipment (FF&E), as well as the ingress and egress that is created/changed by the placement of furniture, partitions, etc.

· Finishes: Building and fire codes regulate the specification of decorations and trim, including but not limited to: curtains, draperies, hangings and other decorative materials that are suspended from walls or ceilings (i.e. fabric, foam, plastic, silk plants). Permits and/or approval are required prior to installation.

While there is no law prohibiting who can sell FF&E, a registered design professional, certified interior designer or licensed contractor must specify the FF&E if it is going to be used in a commercial project (i.e. tenant improvement, hotel, casino, timeshare, office building, retail store, etc.). Further, only a registered design professional or appropriately licensed contractor may provide space planning services.

If you or your company would like to provide these regulated services, there are four options allowing you to do so lawfully:

1. Become a registered interior designer

2. Work under the responsible control of a registered interior designer or architect (as an employee or subcontractor)

3. Become a licensed contractor under NRS 624

4. Become a certified interior designer through the Nevada Fire Marshal (certificate holders may only specify regulated FF&E; certificate holders may not provide space planning services)

For information on how to become a registered interior designer or architect, please visit the board’s Web site at nsbaidrd.state.nv.us, or call the board office at (702) 486-7300. For more information on becoming a licensed contractor, please contact the Nevada State Contractors Board at (702) 486-1100. For more information on becoming a certified interior designer, please contact Susie Riolo, in the State Fire Marshal’s office, at (775) 684-7536.

If you are unsure if the services you provide are regulated by this board, please call the board office. Gina Spaulding, the board’s Executive Director, is available to answer your questions and help you ensure that your business operates within Nevada law. Board staff is also available to assist you with general information on becoming a registered interior designer or architect.

The entire text of NRS 623 (Architecture, Interior Design and Residential Design) can be downloaded from the “Laws & Rules” page on the board’s Web site. For your information, the definition of “practice as a registered interior designer” (NRS 623.0225) follows:

“Practice as a registered interior designer” means the rendering, by a person registered pursuant to subsection 2 of NRS 623.180, of services to enhance the quality and function of an interior area of a structure designed for human habitation or occupancy. The term includes:

1.  An analysis of:

(a) A client’s needs and goals for an interior area of a structure designed for human habitation or occupancy; and

(b) The requirements for safety relating to that area;

2.  The formulation of preliminary designs for an interior area designed for human habitation or occupancy that are appropriate, functional and esthetic;

3.  The development and presentation of final designs that are appropriate for the alteration or construction of an interior area of a structure designed for human habitation or occupancy;

4.  The preparation of contract documents for the alteration or construction of an interior area of a structure designed for human habitation or occupancy, including specifications for partitions, materials, finishes, furniture, fixtures and equipment;

5.  The collaboration in the completion of a project for the alteration or construction of an interior area of a structure designed for human habitation or occupancy with professional engineers or architects who are registered pursuant to the provisions of title 54 of NRS;

6.  The preparation and administration of bids or contracts as the agent of a client; and

7.  The review and evaluation of problems relating to the design of a project for the alteration or construction of an area designed for human habitation or occupancy during the alteration or construction and upon completion of the alteration or construction.

Again, if you have any questions, please feel free to call the board office at (702) 486-7300.