Could a Connecticut interior designer submit building plans without an architect’s seal?

Plain-English summary

In January 1994, Connecticut’s AG reconciled a law directing building officials to review interior designers’ plans with an older law requiring an architect’s or engineer’s seal for architectural plans unless exempt. He found no conflict. Registered interior designers could submit plans within their practice, including the non-load-bearing interior work described in the statute. Building officials could review those plans. If particular work also constituted architecture, the seal requirement applied unless the work fit an architectural licensing exemption.

The AG did not declare every interior plan exempt from architecture law. He said the first classification of a specific activity belonged to building officials, with a role for the Architectural Licensing Board and review by the State Building Inspector. The opinion also distinguished work outside architecture from work within architecture but exempt under the licensing statute.

Designers and architects at the time

The opinion recognized a distinct interior design practice while preserving the architectural seal rule for plans that fell within architecture and outside an exemption.

Building officials at the time

The officials’ review included determining how the described work was classified under the design and architectural statutes.

Currency note

This opinion was issued in 1994. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could a registered interior designer submit non-load-bearing interior plans for review?
A: Yes. The AG said officials could review plans within that designer’s statutory practice.

Q: Did the new review provision abolish the architect or engineer seal requirement?
A: No. Architectural plans outside a statutory exemption still required the seal.

Q: Who initially decided whether a plan was interior design or architecture?
A: The AG assigned the initial determination to the building official and also described the licensing board’s role and review route.

Background and statutory framework

The AG read Conn.Gen.Stat. § 29-263 with the seal rule in § 20-293 and architectural exemptions in § 20-298. His construction gave effect to both the interior designer review language and the older licensing protections.

Citations and references

Statutes: Conn.Gen.Stat. § 20-293; Conn.Gen.Stat. § 20-298; Conn.Gen.Stat. § 29-263.

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/1994-formal-opinions/honorable-nicholas-a-cioffi---gloria-schaffer-commissioner-of-public-safety--commissioner-of-consume

Original opinion text

Honorable Nicholas A. Cioffi & Gloria Schaffer, Commissioner of Public Safety & Commissioner of Consumer Protection, 1994-001 Formal Opinion, Attorney General of Connecticut

Attorney General's Opinion

Attorney General Richard Blumenthal

January 24, 1994

Honorable Nicholas A. Cioffi

Commissioner of Public Safety

100 Washington Street

Hartford, CT 06106

Honorable Gloria Schaffer

Commissioner of Consumer Protection

165 Capitol Avenue--Room 105

Hartford, CT 06106

Dear Commissioners Cioffi and Schaffer:

This letter is in response to your joint request dated August 11, 1993, for a formal opinion concerning interior design. In particular, you have asked three questions:

1. What effect does the requirement of Conn.Gen.Stat. § 20-293 that building officials only accept plans or specifications that are stamped with the seal of a licensed architect or licensed engineer have on Public Act No. 93-435, § 23?

2. What is the scope of an interior designer's practice and is it limited to those activities exempted by Conn.Gen.Stat. § 20-298?

3. How does the definition of "interior designer" as set forth in Conn.Gen.Stat. § 20-377k interrelate with Conn.Gen.Stat. § 20-298?1
   Section 23 of Public Act No. 93-435 amended Conn.Gen.Stat. § 29-263 to provide that a "building official shall review the plans of buildings or structures to be constructed or altered, including, but not limited to, plans prepared by an architect ..., a professional engineer ... or an interior designer ... acting within the scope of his practice," to determine code compliance. 1993 Conn.Pub.Acts No. 93-435, § 23.2 Conn.Gen.Stat. § 20-293 directs building officials only to "accept or approve" plans or specifications of buildings or structures that are stamped with the seal of a licensed architect or licensed professional engineer, unless those plans or specifications are exempted from the provisions of the architectural licensing requirements and, more particularly, Conn.Gen.Stat. § 20-298. Conn.Gen.Stat. § 20-298 exempts the preparation of plans and specifications of, for example, single family dwellings, farm structures and the erection of buildings that contain less than five thousand square feet total area.

Your first question presupposes that, when read together, there is a conflict between Conn.Gen.Stat. § 20-293 and Conn.Gen.Stat. § 29-263, as amended by 1993 Conn.Pub.Acts No. 93-435, § 23. We conclude that there is no conflict. Both statutory provisions direct that building officials review plans or specifications for buildings and structures. However, Conn.Gen.Stat. § 20-293 is more explicit: unless those plans or specifications fall within an exempted activity set forth in Conn.Gen.Stat. § 20-298, such plans or specifications must be stamped with the seal of a licensed architect or professional engineer in order to be "accepted or approved" by a building official. Likewise, consistent with this regulatory scheme, Conn.Gen.Stat. § 29-276c mandates that plans and specifications for specified structures or additions of certain threshold sizes shall be sealed by a licensed architect or professional engineer, notwithstanding the provisions of Chapter 390, the architectural licensing chapter in which Conn.Gen.Stat. §§ 20-293 and 20-298 are codified.

Conn.Gen.Stat. § 29-263, as amended, however, recognizes that there are plans and specifications involved in building construction that building officials are directed to review that are prepared by registered interior designers and do not constitute the practice of architecture or professional engineering. In 1992, the General Assembly amended the definition of "interior designer" to indicate that interior designers prepare plans and specifications for, among other things, non-load-bearing interior construction. 1992 Conn.Pub.Acts No. 92-43. In the House floor debate on consideration of Section 23 of Public Act No. 93-435, the sponsor, Rep. Richard Tulisano, explained the purpose of this amendment to Conn.Gen.Stat. § 29-263 as follows:

[T]his amendment clarifies the intent of Public Act 92-43, which is clear that after architects--interior designers can submit plans, that the plans will be reviewed by people they submit them to.
36 H.R.Proc., Pt. 39, 1993 Sess., p. 13979.

In an ensuing discussion, the intent was further set forth by Rep. Tulisano as follows: REP. TULISANO: (29th)

This just lays out clearly and we believe no substantive change at all, but makes it clear, it fulfills the intent of the act, 92-43, which says that interior designers registered and acting within the scope of their practice can submit their plan to a building official and that's what I think if you look at 92-43 it says that they may do plans and specifications for non-load bearing interior construction and this indicates that the only plans that can be submitted are those that follow 92-43.

REP. ANDREWS: (87th)

Through you, Mr. Speaker, line 31, the word "plans", can give me a better description or definition of the word "plans"? Are we talking about interior designer plans or are we talking architectural type plans?

REP. TULISANO: (29th)

Through you, Mr. Speaker, as I indicated, in the whole bill it says acting within the scope of their practice, in their practice as defined in 92-43 describes plans and specifications for non-load bearing interior construction materials, finishes, safe planning, reflected ceiling plans, furnishing, fixtures and equipment. It does not go any further than that and that's what it's trying to refer to.

36 H.R.Proc., Pt. 39, 1993 Sess., pp. 13980-81.

This discussion recognizes a distinction between interior design work and the practice of architecture. There may be some activities where it is difficult to make this distinction. The determination as to whether a particular activity constitutes either (a) interior design work, (b) the practice of architecture or (c) work that is exempt from the practice of architecture is initially within the purview of the building official as mandated in the review process set forth in Conn.Gen.Stat. §§ 20-293 and 29-263 and Section 108.1 of the State Basic Building Code. The determination also rests with the Architectural Licensing Board. See, e.g., Conn.Gen.Stat. § 4-176 (declaratory rulings). Review of a decision by a building official is available pursuant to Conn.Gen.Stat. §§ 29-252(c) and (d) to the State Building Inspector. In your second and third questions, you inquire into the scope of an interior designer's practice and whether it is limited to those activities exempted by Conn.Gen.Stat. § 20-298. Conn.Gen.Stat. § 20-377k(a)(C) defines "interior designer" as "a person qualified by education, experience and examination who prepares plans and specifications for non-load-bearing interior construction, materials, finishes, space planning, reflected ceiling plans, furnishings, fixtures and equipment relative to the design of interior spaces in order to enhance and protect the health, safety and welfare of the public." The legislature has noted the similar functions of an interior designer and an architect by allowing a licensed architect to use the title "interior designer," (Conn.Gen.Stat. § 20-377l) and to waive the $150.00 application fee (Conn.Gen.Stat. § 20-377m(b)). Conn.Gen.Stat. § 20-288(3) defines the practice of architecture to include the preparation of plans and specifications concerning the aesthetic and structural design of building construction. This definition makes no distinction between interior and exterior design or load-bearing and non-load-bearing construction. Therefore, in answer to your questions, to the extent that an interior designer's work does not constitute the practice of architecture, Conn.Gen.Stat. § 20-298 has no application to that work. However, to the extent that an interior designer's work includes activities which constitute the practice of architecture, that work is limited to those activities exempted by Conn.Gen.Stat. § 20-298 that concern interior design.3

We trust this answers your questions.

Very truly yours,

RICHARD BLUMENTHAL

ATTORNEY GENERAL

Robert M. Langer

Assistant Attorney General

RB/RML/pas

Footnote:
1 In your letter, you refer to Conn.Gen.Stat. § 29-298 in your third question. We have assumed that you had intended to refer to Conn.Gen.Stat. § 20-298.

2 The amended language is underlined.

3 For example, while any person may engage in any of the activities set forth in Conn.Gen.Stat. § 20-298(h) concerning buildings which contain a total area of less than five thousand square feet, unless such activities fall within the definition of "interior designer" set forth in Conn.Gen.Stat. § 20-377k, such activities would not constitute interior design.