Bill Text: CA SB816 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Professions and vocations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-10 - Chaptered by Secretary of State. Chapter 723, Statutes of 2023. [SB816 Detail]

Download: California-2023-SB816-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 816

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Introduced by Senator Roth

February 17, 2023

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An act to amend Sections 5800, 5801, 5801.1, 5802, 5803, 5804, 5805, 5807, and 5812 of, and to amend, renumber, and add Section 5811.1 of, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL'S DIGEST

SB 816, as introduced, Roth. Interior designers.

Existing law, until January 1, 2027, provides a comprehensive scheme for the certification and regulation of interior designers. Under existing law, a Certified Interior Designer may obtain a stamp from an interior design organization that includes a number that identifies and bears the name of the designer, and that stamp certifies that the Certified Interior Designer has provided the interior design organization with evidence of passage of an interior design examination and completion of certain interior design education or experience requirements.

This bill would, instead, establish the California Council for Interior Design Certification to carry out duties and responsibilities governing the stamp certification and regulation of interior designers. The bill would authorize the council to issue certifications pursuant to these provisions to applicants who provide satisfactory evidence of compliance with specified education, experience, and examination requirements. The bill would identify the individual as either a “Certified Interior Designer” or “Certified Commercial Interior Designer” if the designer has completed certain additional interior design courses and examination requirements for the commercial designation, as determined by the council.

This bill would authorize the council to adopt bylaws, rules, and procedures and establish reasonable application fees, renewal fees, and other fees related to the regulatory cost of providing services and carrying out the council’s duties. The bill would make other related and conforming changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 5800 of the Business and Professions Code is amended to read:

5800.

 As used in this chapter:

(a) “Certified interior designer” Interior Designer” means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public.

(b) An “interior design organization” means a nonprofit organization, the California Council for Interior Design Certification (“council”), a nonprofit organization that is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code, and consists of certified interior designers Certified Interior Designers whose governing board shall include includes representatives of the public, except that an organization that is not currently exempt under that section that submits an application to the Internal Revenue Service requesting an exemption under that section shall be eligible to be an interior design organization if it meets the requirements under that section within a reasonable period of time. public.

SEC. 2.

 Section 5801 of the Business and Professions Code is amended to read:

5801.

 A certified interior designer Certified Interior Designer may obtain a stamp from an interior design organization the council that shall include a number that uniquely identifies and bears the name of that certified interior designer. Certified Interior Designer and identifies the individual as either a Certified Interior Designer or Certified Commercial Interior Designer if the Certified Interior Designer has met the requirements to use the title “Certified Commercial Interior Designer,” pursuant to paragraph (2) of subdivision (a) of Section 5811.1. The stamp certifies that the interior designer Certified Interior Designer has provided the interior design organization council with evidence of passage of an interior design examination approved by that interior design organization and any of the following: meeting the education, experience, and examination requirements pursuant to Section 5811.1.

(a)He or she is a graduate of a four- or five-year accredited interior design degree program, and has two years of diversified interior design experience.

(b)He or she has completed a three-year accredited interior design certificate program, and has completed three years of diversified interior design experience.

(c)He or she has completed a two-year accredited interior design program and has completed four years of diversified interior design experience.

(d)He or she has at least eight years of interior design education, or at least eight years of diversified interior design experience, or a combination of interior design education and diversified interior design experience that together total at least eight years.

SEC. 3.

 Section 5801.1 of the Business and Professions Code is amended to read:

5801.1.

 The procedure for the issuance of a stamp by an interior design organization the council under Section 5801, including the examinations recognized and required by the organization, council, shall be subject to the occupational analyses and examination validation required by Section 139 every five to seven years.

SEC. 4.

 Section 5802 of the Business and Professions Code is amended to read:

5802.

 (a) All drawings, specifications, or documents prepared for submission to any government regulatory agency by any certified interior designer, Certified Interior Designer, or under his or her their supervision shall be affixed by a stamp, as specified in Section 5801, and signed by that certified interior designer. Certified Interior Designer.

(b) All such documents shall be identified as interior design documents, which are not architectural or engineering documents.

SEC. 5.

 Section 5803 of the Business and Professions Code is amended to read:

5803.

 A certified interior designer, Certified Interior Designer, as defined in this chapter, is exempt from Chapter 9 (commencing with Section 7000) of Division 3 insofar as he or she is they are designing systems for work to be performed by a licensed contractor.

SEC. 6.

 Section 5804 of the Business and Professions Code is amended to read:

5804.

 It is an unfair business practice for any certified interior designer Certified Interior Designer or any other person to advertise or put out any sign or card or other device, including any stamp or seal, or to represent to the public through any print or electronic media, that he or she the person is “state certified” to practice interior design, or to use any other words or symbols that represent to the public that he or she the person is so certified.

SEC. 7.

 Section 5805 of the Business and Professions Code is amended to read:

5805.

 Nothing in this chapter shall preclude certified interior designers Certified Interior Designers or any other person from submitting interior design plans for commercial or residential buildings to local building officials, except as provided in Section 5538. In exercising discretion with respect to the acceptance of interior design plans, the local building official shall reference the California Building Standards Code. Code and the occupational title standard set forth in Section 5800.

SEC. 8.

 Section 5807 of the Business and Professions Code is amended to read:

5807.

 (a) A certified interior designer Certified Interior Designer shall use a written contract when contracting to provide interior design services to a client pursuant to this chapter. The written contract shall be executed by the certified interior designer Certified Interior Designer and the client, or his or her the client’s representative, prior to the certified interior designer Certified Interior Designer commencing work. The written contract shall include, but not be limited to, all of the following:

(1) A description of the services to be provided to the client by the certified interior designer. Certified Interior Designer.

(2) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by the parties.

(3) The name, address, and certification number of the certified interior designer Certified Interior Designer and the name and address of the client.

(4) A description of the procedure that the certified interior designer Certified Interior Designer and the client will use to accommodate additional services.

(5) A description of the procedure to be used by any party to terminate the contract.

(6) A three-day rescission clause in accordance with Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3 of the Civil Code.

(7) A written disclosure stating whether the certified interior designer Certified Interior Designer carries errors and omissions insurance.

(b) Subdivision (a) shall not apply to any of the following:

(1) Interior design services rendered by a certified interior designer Certified Interior Designer for which the client will not pay compensation.

(2) Interior design services rendered by a certified interior designer Certified Interior Designer to any of the following:

(A) An architect licensed under Chapter 3 (commencing with Section 5500).

(B) A landscape architect licensed under Chapter 3.5 (commencing with Section 5615).

(C) An engineer licensed under Chapter 7 (commencing with Section 6700).

(c) As used in this section, “written contract” includes a contract in electronic form.

SEC. 9.

 Section 5811.1 of the Business and Professions Code is amended and renumbered to read:

5811.1.

The

5811.

 (a) The California Council for Interior Design Certification, as defined in subdivision (b) of Section 5800, is hereby established to carry out the responsibilities and duties set forth in this chapter.

(b) The meetings of an interior design organization the council issuing stamps under Section 5801 shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(c) The council may take reasonable actions to carry out its responsibilities and duties, as set forth in this chapter.

(d) The council may adopt bylaws, rules, and procedures necessary to effectuate the purposes of this chapter.

(e) The council may establish application fees, renewal fees, and other fees related to the regulatory costs of providing services and carrying out the council’s responsibilities and duties pursuant to this chapter. These fees shall not exceed the reasonable costs to the council of providing those services and carrying out those responsibilities and duties.

SEC. 10.

 Section 5811.1 is added to the Business and Professions Code, to read:

5811.1.

 (a) The council may issue a certification to any applicant who provides satisfactory evidence that they meet all of the requirements of this chapter and who complies with the bylaws, rules, and procedures established by the council.

(1) In order to obtain a certification, an applicant shall submit an application as provided by the council and provide the council with satisfactory evidence that they meet all of the following requirements:

(A) Passage of an interior design examination approved by the council.

(B) Any of the following education and experience pathways:

(i) The person is a graduate of a four- or five-year accredited interior design degree program, and has two years of diversified interior design experience.

(ii) The person has completed a three-year accredited interior design certificate program, and has completed three years of diversified interior design experience.

(iii) The person has completed a two-year accredited interior design program and has completed four years of diversified interior design experience.

(iv) The person has at least eight years of interior design education, or at least eight years of diversified interior design experience, or a combination of interior design education and diversified interior design experience that together total at least eight years.

(C) All fees required by the council, as described in subdivision (e) of Section 5811, have been paid.

(2) The council may issue a commercial designation to a Certified Interior Designer or qualified applicant who, in addition to the requirements in paragraph (1), passes additional interior design courses and examinations, as determined to be required by the council.

(b) (1)   Any certificate under this chapter shall be subject to renewal every two years in a manner prescribed by the council, and shall expire unless renewed in that manner. The council may provide for the late renewal of a registration.

(2) The council may require Certified Interior Designers to complete continuing education specific to the practice of interior design each two-year certification cycle.

SEC. 11.

 Section 5812 of the Business and Professions Code is amended to read:

5812.

 It is an unfair business practice for any person to represent or hold himself or herself themselves out as, or to use the title “certified interior designer” “Certified Interior Designer” or any other term, such as “licensed,” “registered,” or “CID,” that implies or suggests that the person is certified as an interior designer when he or she does they do not hold a valid certification as provided in Sections 5800 and 5801.