What interior design work can a non-registered designer do in Tennessee without an architect or engineer, and can interior designers use their own seal on plans?

Subject

Opinion No. 12-46, Interior Design by Non-Registrants Under Tenn. Code Ann. §§ 62-2-101 to -906, April 3, 2012

Plain-English summary

Tennessee's "Interior Designers Title Registration Act" (Tenn. Code Ann. §§ 62-2-901 to -906) is a title act, not a practice act. That distinction matters. A title act restricts who can call themselves a "registered interior designer," but does not restrict who can do interior design work. A practice act, by contrast, would actually limit the work itself. Senator Bo Watson asked the AG how Tennessee's overlap between this title act and the separate architect/engineer practice act (Tenn. Code Ann. §§ 62-2-101 to -606) works in real-world projects.

The AG worked through six specific scenarios. The big-picture answer: non-registrants (including non-registered interior designers and registered interior designers) can do plenty of non-structural interior design work without involving a registered architect or engineer. They can specify finishes, furnishings, and non-load-bearing partitions. But once life safety, structural elements, or building-permit submissions enter the picture, a registered architect or engineer is often required. The Tennessee Board of Architectural and Engineering Examiners' Reference Manual for Building Officials and Design Professionals supplies the working details.

Two scenarios pivoted on size and occupancy. Subdividing a 4,999 sq ft second-floor office space into two offices and a corridor would likely require fire-rated walls, HVAC alterations, and electrical work that require a registered professional. Producing finishes for an elementary school corridor or restaurant ordinarily does not, though interior materials may have inflammability characteristics that implicate fire-marshal regulations under Tenn. Code Ann. § 68-120-104.

The second question was about seals. Registered interior designers wanted to know whether they could put their own "registered interior designer" seal on plans (not to be confused with the Board's official seal for architects and engineers). The AG said there's no Tennessee statute prohibiting this, but it could violate consumer protection laws if used in a way that misleads anyone into thinking the seal carries the Board's authority. Federal trademark concerns could also arise depending on the seal's design.

Currency note

This opinion was issued in 2012. 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.

Historical background and statutory framework

Title act vs. practice act

The Interior Designers Title Registration Act, Tenn. Code Ann. § 62-2-903:

(a)(1) No person shall use the title "registered interior designer" unless the person is registered as provided in this part.

(2) This part shall not prohibit any architect registered under parts 1-6 of this chapter from using the title of "registered interior designer."

(b) Nothing contained in this part shall prevent any person from rendering or offering to render interior design services; provided, that the person shall not be permitted to use or be identified by the title "registered interior designer" unless registered in accordance with this part.

The Board's Reference Manual for Building Officials and Design Professionals confirms:

[The Act] is a "title" act requiring that any interior designer who calls himself or herself a registered interior designer must be registered by the Board. The law is not a "practice" act; therefore interior designers are allowed to do no more and no less than before the legislation was passed.

Anyone can do interior design work; only those registered may use the protected title.

Tenn. Code Ann. § 62-2-102(b) exemptions

The architect/engineer practice act, codified separately, requires a registered architect or engineer for plans and specifications for most buildings. Section 62-2-102(b) carves out exemptions:

(1) Structures classified as business, factory-industrial, hazardous, mercantile, residential and storage occupancies . . . that are:

(A) Less than three (3) stories in height; and

(B) Less than five thousand square feet (5,000 sq. ft.) in total gross area;

(2) One-family and two-family dwellings and domestic outbuildings appurtenant to those dwellings;

(3) Farm buildings not designed or intended for human occupancy . . . .

Both the height and area thresholds must be met, per the Board's FAQ #6. A two-story building of 4,000 sq ft per floor (8,000 total) does not qualify.

What non-registrants can do

The Board's Manual FAQ #10 said:

A registered interior designer or non-registrant may provide plans and specifications with reflected ceiling plans, furnishings, the fabrication of non-structural elements within the interior spaces of buildings, or space utilization not affecting life safety.

The "not affecting life safety" qualifier was the key. Where life safety was implicated, a registered architect or engineer was generally required.

The six scenarios

The AG worked through six specific scenarios in detail:

(a) Non-structural interior plans for permit purposes: If permitting is involved, the Authority Having Jurisdiction (AHJ, often the state fire marshal or a local official) usually requires a registered individual. If non-structural changes are truly minor and don't require a permit, a non-registrant may proceed. Where non-structural changes affect safety features (sprinklers, fire doors), a registered professional may be required.

(b) Tenant build-out subdividing 4,999 sq ft second-floor office into two offices with shared corridor: Likely requires a registered professional. The subdivision typically requires fire-rated walls, electrical work, and HVAC alteration, all triggering applicable fire, electrical, and building codes.

(c) Specifying interior finishes for high-rise corridor: Typically does not require a registered professional. But interior furnishings are often flammable, and Tenn. Code Ann. § 68-120-104 authorizes the State Fire Marshal to regulate the use and storage of inflammable interior furnishings. Depending on the facts, life safety could be implicated.

(d) New finishes for elementary school corridor (4,500 sq ft, single story): Usually does not require a registered professional. The square footage is below the 5,000 threshold and the height is below 3 stories. But, as with (c), inflammability concerns may apply.

(e) Demolition and new construction of non-load-bearing partitions, finishes, and furnishings for a restaurant (150 seats, 2,500 sq ft): Typically does not require a registered professional. Below the size threshold.

(f) Do any of (a)-(e) affect "life safety"?: Yes, potentially. The opinion declined to give a conclusive answer because the question went beyond legal analysis and required engineering/architectural expertise. The AHJ should always be consulted.

The seal question

The Act doesn't establish an approved seal for registered interior designers. The Board uses its own seal for architects and engineers. Could a registered interior designer create a "homemade" seal indicating their status?

The AG said no Tennessee statute or regulation prohibits this. But the use of such a seal could violate Tennessee Consumer Protection Act provisions if it's deceptive or misleading. Tenn. Code Ann. § 47-18-104 prohibits, among other things:

• (b)(2) "Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services."
• (b)(3) "Causing likelihood of confusion or misunderstanding as to affiliation, connection or association with, or certification by, another."
• (b)(5) "Representing that goods or services have sponsorship, approval, characteristics . . . that they do not have."
• (b)(27) "Engaging in any other act or practice which is deceptive to the consumer."

A seal designed to mimic the Board's official seal, or one used in a way suggesting Board authorization for the plans, could trigger these provisions. The opinion also flagged federal trademark concerns under 15 U.S.C. §§ 1051 to 1129.

The bottom line: registered interior designers could use a seal, but they had to be careful not to design or use it in a way that misled anyone about its source.

Common questions

I'm a registered interior designer in Tennessee. Can I sign and seal building plans for my client's office buildout?

It depends on what's in the plans. Pure finishes and furnishings: yes. Non-load-bearing partitions in small spaces: probably. Anything triggering fire-rating, structural changes, or electrical/HVAC alteration in a non-exempt space: no, a registered architect or engineer is required. And no matter what you do, you cannot use a seal that suggests authorization from the Board of Architectural and Engineering Examiners.

My building is 4,500 sq ft and three stories. Does the small-building exemption apply?

No. The exemption requires both less than 5,000 sq ft and less than three stories. Three stories knocks you out even if the square footage is below the threshold.

Can I do my own plans for my house?

Generally yes. One-family and two-family dwellings are expressly exempt under § 62-2-102(b)(2). But check local codes and permit requirements with your local building department.

What if my project might involve life safety, like adding fire-rated walls or rerouting fire alarms?

You should consult a registered architect or engineer. The AG opinion makes clear that life-safety issues generally take a project out of the non-registrant scope. The AHJ (local building official or state fire marshal) has final say on what triggers the registration requirement.

Can a non-registered designer call themselves an "interior designer" in Tennessee?

Yes. They just cannot call themselves a "registered interior designer." The title is protected; the practice is not.

Should I be worried about my interior designer using a seal on my plans?

Look at it carefully. A clearly self-identifying seal that says "registered interior designer with the State of Tennessee, registration #XXX" and doesn't suggest Board approval is probably fine. A seal designed to look like the Board's architect/engineer seal could expose the designer to consumer protection or trademark claims.

Did the AG say a designer's homemade seal automatically violates Tennessee law?

No. The opinion says no statute prohibits the seal per se. The risk is in how it's designed and used. A reasonable seal that doesn't impersonate the Board's seal would be unlikely to trigger problems.

Citations

• Tenn. Code Ann. § 62-2-102 (architect/engineer practice act and exemptions)
• Tenn. Code Ann. §§ 62-2-901 to -906 (Interior Designers Title Registration Act)
• Tenn. Code Ann. § 62-2-903 (title use restriction)
• Tenn. Code Ann. § 47-18-104 (Consumer Protection Act unfair/deceptive practices)
• Tenn. Code Ann. § 68-120-104 (interior furnishings regulation)
• 15 U.S.C. §§ 1051 to 1129 (Lanham Act trademark provisions)
• Tennessee Board of Architectural and Engineering Examiners, Reference Manual for Building Officials and Design Professionals (rev. 2009)
• Op. Tenn. Att'y Gen. 09-188 (Dec. 16, 2009)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2012/op12-046.pdf

Original opinion text

April 3, 2012
Opinion No. 12-46
Interior Design by Non-Registrants Under Tenn. Code Ann. §§ 62-2-101 to -906

QUESTIONS

1. Tenn. Att'y Gen. Op. 09-188 (December 16, 2009) opines that the services of an architect or engineer are not necessary if a project falls within any exemption set forth in Tenn. Code Ann. § 62-2-102(b), as further refined by the policies of the Tennessee Board of Architectural and Engineering Examiners as set forth in its "Reference Manual for Building Officials and Design Professionals" and its Internet web site. Under these exemptions, may a non-registrant perform the services listed below?

(a) Prepare nonstructural interior design plans and specifications for interior spaces of a building or structure of any size, height and occupancy, including assembly, institutional, or educational occupancies, for the purpose of obtaining approval for a building permit?

(b) Prepare plans and specifications for tenant build-out on a second floor of an office building that subdivides an existing 4,999 square foot space into two separate offices (business occupancy) and a shared public corridor/lobby?

(c) Specify interior finishes (for example carpet, wall covering, and acoustical ceilings) for existing public corridors through a high-rise office building (business occupancy)?

(d) Produce new finishes for an elementary school corridor (education occupancy, single story building, 4,500 square feet)?

(e) Produce interior construction drawings and specifications for demolition and new construction of non-load bearing partitions, finishes and furnishings for a restaurant that seats 150 people (assembly occupancy), single store building, 2,500 square feet?

(f) Do any of these services involve plans and specifications that affect "life safety"?

2. Tenn. Code Ann. §§ 62-2-101 to -906 does not address the issue of a seal for registered interior designers. May a registered interior designer affix to plans and specifications a seal indicating that such person is a registered interior designer with the State of Tennessee with the registration number XXX if such seal does not represent that it is a seal authorized by the Board of Architectural and Engineering Examiners?

OPINIONS

1. A non-registrant may only perform the services as described below.

a. If done for the purpose of obtaining a permit, the authority having jurisdiction (AHJ) typically requires plans and specifications to be prepared by a registered individual. However, your question indicates that the plans and specifications involve only non-structural elements; typically non-structural changes do not require submission to a permitting authority. One exception, however, would be non-structural changes that require some alteration to a building's safety features, such as the placement of sprinkler system heads or fire doors. In such a case, and depending on the extent of the changes, the plans may have to be submitted by a registered individual.

b. Based upon the facts provided, it appears that such plans and specifications would likely require measures such as installing a fire-rated dividing wall to subdivide the area, as well as the alteration of electrical wiring and/or heating, ventilation and air conditioning (HVAC) ducting and controls. If so, these matters are governed by applicable fire, electrical, and building codes, and plans and specifications dealing with these matters would require submission to a permitting authority by a registered professional.

c. These matters typically do not require the services of a registered professional. It should be noted, however, that interior furnishings are often made of inflammable materials. Depending upon the facts and circumstances, therefore, these matters may implicate life safety issues which would require the services of a registered professional.

d. These matters usually do not require the services of a registered professional. It should be noted, however, that interior furnishings are often made of inflammable materials. Depending upon the facts and circumstances, therefore, these matters may implicate life safety issues requiring the services of a registered professional.

e. These matters, based upon the facts provided, do not appear to require the services of a registered professional.

f. As discussed above, some of the scenarios presented would likely affect "life safety." Furthermore, depending upon the specific facts and circumstances, it is possible that any of these scenarios might involve safety issues. Consequently, it is impossible to provide a conclusive opinion on this question without further information regarding the specific circumstances. In addition, this question goes somewhat beyond the scope of a legal question, and calls for engineering or architectural expertise.

2. There is no Tennessee statute or regulation prohibiting the use of such a seal by a registered interior designer. There may be circumstances, however, under which the use of such a "homemade" seal might be deemed to violate some state or federal consumer protection laws, if the seal can be interpreted as deceptive or misleading. Once again, the specific facts and circumstances surrounding the design, creation, and use of such a seal would determine the applicability of consumer protection provisions to a given situation. Use of such a seal might also, depending on the facts presented, violate federal trademark law.

ANALYSIS

1. Tenn. Code Ann. §§ 62-2-901 to -906 is the "Interior Designers Title Registration Act" (the Act). Tenn. Code Ann. § 62-2-903 provides that:

(a)(1) No person shall use the title "registered interior designer" unless the person is registered as provided in this part.

(2) This part shall not prohibit any architect registered under parts 1-6 of this chapter from using the title of "registered interior designer."

(b) Nothing contained in this part shall prevent any person from rendering or offering to render interior design services; provided, that the person shall not be permitted to use or be identified by the title "registered interior designer" unless registered in accordance with this part.

As described in the Tennessee Board of Architectural and Engineering Examiners' Reference Manual for Building Officials and Design Professionals (revised 2009) (the Manual) the Act is

a "title" act requiring that any interior designer who calls himself or herself a registered interior designer must be registered by the Board [of Architectural and Engineering Examiners]. The law is not a "practice" act; therefore interior designers are allowed to do no more and no less than before the legislation was passed. A registered interior designer may provide plans and specifications in connection with reflected ceiling plans, furnishings, the fabrication of non-structural elements within the interior spaces of buildings, or space utilization not affecting life safety.

Manual at 7. Consequently interior designers do not have to be registered in order to practice interior design or to hold themselves out to the public as interior designers; they only have to be registered if they wish to hold themselves out as "registered interior designers." The questions asked therefore actually do not involve an issue of registered as opposed to non-registered interior designers, but rather address issues of what work must be performed by registered engineers and/or architects and what work may be performed by non-registered individuals.

Tenn. Code Ann. § 62-2-102(b) lists certain services related to building plans and specifications that do not have to provided by a registered architect or engineer, providing in pertinent part as follows:

(b) It is unlawful for any person other than a registered architect or engineer to prepare plans and specifications for any building or structure other than the following:

(1) Structures classified as business, factory-industrial, hazardous, mercantile, residential and storage occupancies, as those occupancies are defined in the 1985 edition of the Standard Building Code, that are:

(A) Less than three (3) stories in height; and

(B) Less than five thousand square feet (5,000 sq. ft.) in total gross area;

(2) One-family and two-family dwellings and domestic outbuildings appurtenant to those dwellings;

(3) Farm buildings not designed or intended for human occupancy; . . . .

The Manual provides a number of "Most Commonly Asked Questions" regarding the exemptions allowed by Tenn. Code Ann. § 62-2-102(b), that include the following which pertain to the questions in your opinion request:

6. If a freestanding building classified as "business" has an area greater than 5,000 gross square feet but is only one or two stories high, must the plans and specifications be prepared by a registered architect or engineer?

Yes. The building must meet both the requirement for an area less than 5,000 square feet and the requirement for a height of less than three stories to be exempt from the requirement for plans and specifications prepared by an architect or engineer. For instance, if a two-story building has 4,000 square feet per floor (or 8,000 total square feet) the plans and specifications shall be prepared by an architect or engineer.

. . . .

10. Should a building permit be issued when the building official receives a set of plans for tenant space that is part of a new multi-story office building's construction and the plans are not sealed by a licensed architect or engineer?

No, unless the tenant space is less than 5,000 square feet and separated from other tenant spaces by the minimum fire-rated separation required by the applicable code. A qualified registrant of this board must prepare and seal the plans prepared by him or her for the tenant space, even if the shell of the building is prepared by another registrant. A registered interior designer or non-registrant may provide plans and specifications with reflected ceiling plans, furnishings, the fabrication of non-structural elements within the interior spaces of buildings, or space utilization not affecting life safety. (emphasis added).

. . . .

22. Are full height, non-bearing, non-rated partitions considered components that affect the safety of the building?

The addition, relocation, or removal of full height, non-bearing, non-rated partitions could change or affect the safety of a building. Each situation must be judged within its specific context; thus, the building official must decide whether such partitions would affect the safety of the building. (Emphasis added).

. . . .

29. Is a registered architect or engineer required to prepare and seal drawings for an existing building space of 5,000 square feet or more if the space is going to be divided into several spaces less than 5,000 square feet?

Yes. While the particular use of a facility may ultimately have individual spaces less than 5,000 square feet and separated by fire-rated construction from other tenants, the overall space requires a registered architect or engineer to be sure construction, egress, systems, etc., are properly designed and integrated collectively.

Manual at 7, 9 & 10. As these excerpts from the Manual indicate, non-registrants are generally permitted to prepare plans and specifications for interior finishes, furnishings, and non-load bearing partitions in buildings of any size or floor area, provided that these matters do not, in the judgment of the AHJ, affect the safety of the building. With these principles in mind, we now turn to the specific questions asked.

a. This question asks whether a non-registrant may prepare nonstructural interior design plans and specifications for interior spaces of a building or structure of any size, height and occupancy, including assembly, institutional, or educational occupancies, for the purpose of obtaining approval for a building permit. If done for the purpose of obtaining a permit, the authority having jurisdiction (AHJ) typically requires plans and specifications to be prepared by a registered individual. However, your question indicates that the plans and specifications involve only non-structural elements; typically non-structural changes do not require submission to a permitting authority. One exception, however, would be non-structural changes that require some alteration to a building's safety features, such as the placement of sprinkler system heads or fire doors. In such a case, and depending on the extent of the changes, the plans may have to be submitted by a registered individual.

b. The next question posed is whether a non-registrant prepare plans and specifications for tenant build-out on a second floor of an office building that subdivides an existing 4,999 square foot space into two separate offices (business occupancy) and a shared public corridor/lobby. Based upon the facts provided, it appears that such plans and specifications would likely require measures such as installing a fire-rated dividing wall to subdivide the area, as well as the alteration of electrical wiring and/or heating, ventilation and air conditioning (HVAC) ducting and controls. If so, these matters are governed by applicable fire, electrical, and building codes, and plans and specifications dealing with these matters would require submission to a permitting authority by a registered professional.

c. The third question asks whether a non-registrant may specify interior finishes (for example carpet, wall covering, and acoustical ceilings) for existing public corridors through a high-rise office building (business occupancy). These matters typically do not require the services of a registered professional. It should be noted, however, that interior furnishings are often made of inflammable materials. Depending upon the facts and circumstances, therefore, these matters may implicate life safety issues. For example, Tenn. Code Ann. § 68-120-104 states as follows:

The state fire marshal shall make regulations limiting the maximum amount of inflammable interior furnishings and materials, including draperies, curtains, shades, floor coverings, upholstery, furniture of combustible type, paints, varnishes, bedding and other materials that may be used or stored in any building or room or space of such building.

Consequently, even matters involving only interior furnishings, draperies and carpets may implicate safety issues depending upon the specific facts and circumstances. Accordingly, the AHJ for the location and type of construction should always be consulted.

d. The production of new finishes for an elementary school corridor (education occupancy, single story building, 4,500 square feet) usually does not require the services of a registered professional. However, as noted in the immediately preceding discussion, because specific facts and circumstances may implicate safety considerations, the appropriate AHJ should always be consulted to determine whether a registered professional is needed to complete the contemplated work.

e. This question asks whether a non-registrant may produce interior construction drawings and specifications for demolition and new construction of non-load bearing partitions, finishes and furnishings for a restaurant that seats 150 people (assembly occupancy), single store building, 2,500 square feet. These matters, based upon the facts provided, typically do not require the services of a registered professional. However, as noted in the preceding discussion, because specific facts and circumstances may implicate safety considerations, the appropriate AHJ should always be consulted.

f. The final hypothetical presented is whether any of the services addressed in questions "(a)" through "(e)" involve plans and specifications that effect "life safety." As already discussed, depending upon the specific facts and circumstances, it is possible that any of the scenarios discussed above might involve life safety issues. Consequently, it is impossible to provide a conclusive opinion on this question without further information regarding the specific circumstances. In addition, this question goes somewhat beyond the scope of a legal question and calls for engineering or architectural expertise. In any event, we again note that the appropriate AHJ should always be consulted.

2. There is no Tennessee statute or regulation establishing an approved seal for registered interior designers, nor is there any Tennessee statute or regulation prohibiting the use of such a "homemade" seal by a registered interior designer. There may be circumstances, however, under which the use of such a "homemade" seal might be deemed to violate one or more state or federal consumer protection laws, if the seal can be interpreted as deceptive or misleading.

For example, Tenn. Code Ann. § 47-18-104(a) prohibits "unfair or deceptive acts or practices affecting the conduct of any trade or commerce. . . ." Section (b) of the same statute lists a number of unfair or deceptive acts or practices that are unlawful. Among the unlawful practices which might be found applicable to a seal that is deceptive or misleading are the following:

(2) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services. . . .

(3) Causing likelihood of confusion or misunderstanding as to affiliation, connection or association with, or certification by, another. . . .

. . . .

(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship approval, status, affiliation or connection that such person does not have;

. . . .

(27) Engaging in any other act or practice which is deceptive to the consumer or to any other person;

Tenn. Code Ann. § 47-18-104(b)(2), (3), (5) & (27). This question does not specify the precise design and usage of the seal that is the subject of inquiry. Thus, depending upon the facts and circumstances, such a "homemade" seal could potentially violate any of the provisions quoted above, and these provisions do not constitute an exhaustive list of possible violations. Consequently, while the use of a "homemade" seal by registered interior designers is not specifically prohibited by Tennessee law, the potential to run afoul of consumer protection provision makes caution advisable. Furthermore, the use of such a seal could possibly violate federal trademark laws. See 15 U.S.C. §§ 1051 to 1129.

ROBERT E. COOPER, JR.
Attorney General and Reporter

WILLIAM E. YOUNG
Solicitor General

KEVIN STEILING
Deputy Attorney General

Requested by:
The Honorable Bo Watson
State Senator
6A Legislative Plaza
Nashville, TN 37243-0211