Bill Text: NY A06717 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the practice of certified interior design and use of the title "certified interior designer".
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Introduced - Dead) 2014-01-08 - referred to higher education [A06717 Detail]
Download: New_York-2013-A06717-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4660 A. 6717
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
April 17, 2013
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Higher Educa-
tion
IN ASSEMBLY -- Introduced by M. of A. O'DONNELL -- read once and
referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to the practice of certi-
fied interior design
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 8300 of the education law, as added by chapter 905
2 of the laws of 1990, is amended to read as follows:
3 S 8300. Application. This article applies to the [use of a title by a
4 certified interior designer] PRACTICE OF CERTIFIED INTERIOR DESIGN. The
5 general provisions for all professions contained in article one hundred
6 thirty of this title apply to this article.
7 S 2. Section 8301 of the education law, as added by chapter 905 of the
8 laws of 1990, is amended to read as follows:
9 S 8301. [Use] PRACTICE OF CERTIFIED INTERIOR DESIGN AND USE of the
10 title "certified interior designer". Only a person certified pursuant
11 to this article may PRACTICE CERTIFIED INTERIOR DESIGN AND use the title
12 "certified interior designer". Authorization contained within this
13 article to PRACTICE CERTIFIED INTERIOR DESIGN AND use the title "certi-
14 fied interior designer" shall not be construed to permit the practice of
15 engineering, as described in article one hundred forty-five of this
16 title, or the practice of architecture, as described in article one
17 hundred forty-seven of this title, by persons not otherwise authorized
18 to engage in such practices.
19 S 3. Section 8302 of the education law is REPEALED and a new section
20 8302 is added to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09410-01-3
S. 4660 2 A. 6717
1 S 8302. SPECIAL PROVISIONS. EVERY CERTIFIED INTERIOR DESIGNER SHALL
2 HAVE A SEAL, APPROVED BY THE BOARD, WHICH SHALL CONTAIN THE NAME OF THE
3 CERTIFIED INTERIOR DESIGNER AND EITHER THE WORDS "CERTIFIED INTERIOR
4 DESIGNER" OR SUCH OTHER WORDS OR FIGURES AS THE BOARD MAY DEEM NECES-
5 SARY. ALL WORKING DRAWINGS AND SPECIFICATIONS, PREPARED BY SUCH CERTI-
6 FIED INTERIOR DESIGNER OR BY A FULL-TIME OR PART-TIME SUBORDINATE
7 EMPLOYED UNDER HIS OR HER SUPERVISION, SHALL BE STAMPED WITH SUCH SEAL
8 AND SHALL ALSO BE SIGNED ON THE ORIGINAL WITH THE PERSONAL SIGNATURE OF
9 SUCH CERTIFIED INTERIOR DESIGNER WHEN FILED WITH PUBLIC OFFICIALS.
10 EXCEPT FOR PLANS AND SPECIFICATIONS EXCLUDED FROM THE PROVISIONS OF THIS
11 ARTICLE BY SECTION EIGHTY-THREE HUNDRED SIX-A OF THIS ARTICLE, NO OFFI-
12 CIAL OF THIS STATE, OR OF ANY COUNTY, CITY, TOWN OR VILLAGE THEREIN,
13 CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS RELATING
14 TO CERTIFIED INTERIOR DESIGN PRACTICES, SHALL ACCEPT OR APPROVE ANY
15 PLANS OR SPECIFICATIONS THAT ARE NOT STAMPED:
16 1. WITH THE SEAL OF A CERTIFIED INTERIOR DESIGNER REGISTERED IN THIS
17 STATE AND BEARING THE AUTHORIZED FACSIMILE OF THE SIGNATURE OF SUCH
18 CERTIFIED INTERIOR DESIGNER; OR
19 2. WITH THE OFFICIAL SEAL AND AUTHORIZED FACSIMILE OF THE SIGNATURE OF
20 A CERTIFIED INTERIOR DESIGNER NOT A RESIDENT OF THIS STATE, BUT WHO IS
21 LEGALLY QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN STATE OR COUN-
22 TRY, PROVIDED THAT SUCH PERSON HOLDS A LIMITED PERMIT ISSUED BY THE
23 DEPARTMENT, AND PROVIDED FURTHER THAT THE PLANS OR SPECIFICATIONS ARE
24 ACCOMPANIED BY AND HAVE ATTACHED THERETO WRITTEN AUTHORIZATION ISSUED BY
25 THE DEPARTMENT FOR THE SPECIFIC PROJECT.
26 S 4. The education law is amended by adding a new section 8303-a to
27 read as follows:
28 S 8303-A. PRACTICE OF CERTIFIED INTERIOR DESIGN. IN ADDITION TO THE
29 SERVICES DEFINED IN SECTION EIGHTY-THREE HUNDRED THREE OF THIS ARTICLE,
30 A CERTIFIED INTERIOR DESIGNER MAY, IF REQUIRED BY A PERMITTING BODY,
31 SUBMIT, FOR THE ISSUANCE OF A BUILDING PERMIT FOR INTERIOR CONSTRUCTION,
32 INTERIOR DESIGN DOCUMENTS WHICH PERTAIN TO THE PLANNING AND DESIGN OF
33 INTERIOR SPACES INCLUDING FURNISHINGS, LAYOUTS, FIXTURES, CABINETRY,
34 LIGHTING, FINISHES, MATERIALS, AND INTERIOR CONSTRUCTION NOT MATERIALLY
35 RELATED TO OR MATERIALLY AFFECTING THE BUILDING SYSTEMS, ALL OF WHICH
36 SHALL COMPLY WITH APPLICABLE LAWS, CODES, REGULATIONS, AND STANDARDS.
37 THE SCOPE OF WORK DESCRIBED IN THIS SECTION SHALL NOT BE CONSTRUED AS
38 AUTHORIZING THE PLANNING AND DESIGN OF ENGINEERING AND ARCHITECTURAL
39 INTERIOR CONSTRUCTION AS RELATED TO THE BUILDING SYSTEMS, INCLUDING
40 STRUCTURAL, ELECTRICAL, PLUMBING, HEATING, VENTILATING, AIR CONDITIONING
41 OR MECHANICAL SYSTEMS AND SHALL NOT BE CONSTRUED AS AUTHORIZING THE
42 PRACTICE OF ENGINEERING OR ARCHITECTURE AS DESCRIBED IN ARTICLE ONE
43 HUNDRED FORTY-FIVE OR ONE HUNDRED FORTY-SEVEN OF THIS TITLE. THE INTERI-
44 OR DESIGN PLANS AS DESCRIBED ABOVE ARE NOT TO BE CONSTRUED AS THOSE
45 REQUIRED TO BE FILED WITH LOCAL MUNICIPALITIES OR BUILDING DEPARTMENTS
46 AS REQUIRED BY THIS CHAPTER REGULATING THE PRACTICES OF ARCHITECTURE OR
47 ENGINEERING.
48 S 5. Subdivision 1 of section 8306 of the education law, as added by
49 chapter 905 of the laws of 1990, is amended to read as follows:
50 1. On recommendation of the board, the department may issue a limited
51 permit, valid for a period of two years and renewable once on the recom-
52 mendation of the board, for PRACTICE OF CERTIFIED INTERIOR DESIGN AND
53 use of the title "certified interior designer" in accordance with this
54 article by one who is not a resident of this state and has no estab-
55 lished business in this state. This individual shall (a) be qualified to
56 practice or engage, under such title, in the practice of interior design
S. 4660 3 A. 6717
1 in his or her own country or state, (b) submit evidence satisfactory to
2 the board of established and recognized professional standing in his or
3 her own country or state, and (c) submit satisfactory certifications as
4 to his or her qualifications.
5 S 6. The education law is amended by adding a new section 8306-a to
6 read as follows:
7 S 8306-A. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO
8 AFFECT OR PREVENT:
9 1. THE PREPARATION OF DETAILS AND SHOP DRAWINGS BY PERSONS, OTHER THAN
10 CERTIFIED INTERIOR DESIGNERS, FOR USE IN CONNECTION WITH THE EXECUTION
11 OF THEIR WORK.
12 2. EMPLOYEES OF THOSE LAWFULLY PRACTICING AS CERTIFIED INTERIOR
13 DESIGNERS UNDER THE PROVISIONS OF THIS ARTICLE FROM ACTING UNDER THE
14 INSTRUCTION, CONTROL AND SUPERVISION OF THEIR EMPLOYERS.
15 3. BUILDERS, OR SUPERINTENDENTS EMPLOYED BY SUCH BUILDERS, FROM SUPER-
16 VISING THE CONSTRUCTION OR STRUCTURAL ALTERATION OF BUILDINGS OR STRUC-
17 TURES.
18 4. THE PRACTICE OF ARCHITECTURE, ENGINEERING OR LAND SURVEYING BY AN
19 ARCHITECT, ENGINEER OR LAND SURVEYOR LICENSED IN THIS STATE, OR THE
20 PRACTICE OF LANDSCAPE ARCHITECTURE BY A LANDSCAPE ARCHITECT LICENSED IN
21 THIS STATE, PROVIDED THAT NO SUCH ARCHITECT, ENGINEER, LAND SURVEYOR OR
22 LANDSCAPE ARCHITECT SHALL USE THE DESIGNATION "CERTIFIED INTERIOR
23 DESIGNER" OR "CERTIFIED INTERIOR DESIGN" UNLESS REGISTERED AS A CERTI-
24 FIED INTERIOR DESIGNER IN THIS STATE.
25 5. CONTRACTORS OR BUILDERS FROM ENGAGING IN CONSTRUCTION MANAGEMENT
26 AND ADMINISTRATION OF CONSTRUCTION CONTRACTS.
27 6. A CONSULTANT RETAINED BY A CERTIFIED INTERIOR DESIGNER FROM PROVID-
28 ING CONSULTATION.
29 7. A PERSON FROM PREPARING DRAWINGS OF THE LAYOUT OF MATERIALS OR
30 FURNISHINGS USED IN CERTIFIED INTERIOR DESIGN OR PROVIDING ASSISTANCE IN
31 THE SELECTION OF MATERIALS OR FURNISHINGS USED IN CERTIFIED INTERIOR
32 DESIGN, IF THE PREPARATION OR IMPLEMENTATION OF THOSE DRAWINGS, OR THE
33 INSTALLATION OF THOSE MATERIALS OR FURNISHINGS, IS NOT REGULATED BY A
34 BUILDING CODE OR OTHER LAW, ORDINANCE, RULE, OR REGULATION GOVERNING THE
35 ALTERATION OR CONSTRUCTION OF A STRUCTURE. THE PERSONS EXEMPT FROM THIS
36 ARTICLE PURSUANT TO THIS PARAGRAPH INCLUDE, BUT ARE NOT LIMITED TO A
37 PERSON WHO PREPARES DRAWINGS OF THE LAYOUT OF, OR PROVIDES ASSISTANCE IN
38 THE SELECTION OF, ANY OF THE FOLLOWING MATERIALS:
39 A. DECORATIVE ACCESSORIES.
40 B. WALLPAPER, WALL COVERINGS, OR PAINT.
41 C. LINOLEUM, TILE, CARPETING OR FLOOR COVERINGS.
42 D. DRAPERIES, BLINDS OR WINDOW COVERINGS.
43 E. LIGHTING OR PLUMBING FIXTURES THAT ARE NOT PART OF A STRUCTURE.
44 F. FURNITURE OR EQUIPMENT.
45 8. AN EMPLOYEE OF A RETAIL ESTABLISHMENT FROM PROVIDING CONSULTATION
46 REGARDING INTERIOR DECORATION OR FURNISHINGS ON THE PREMISES OF THE
47 RETAIL ESTABLISHMENT OR IN THE FURTHERANCE OF A RETAIL SALE OR PROSPEC-
48 TIVE RETAIL SALE.
49 9. ANY PERSON FROM PREPARING PLANS, DRAWINGS OR SPECIFICATIONS FOR ANY
50 OF THE FOLLOWING:
51 A. SINGLE-FAMILY DWELLINGS OF WOODFRAME CONSTRUCTION NOT MORE THAN TWO
52 STORIES AND BASEMENT IN HEIGHT.
53 B. MULTIPLE DWELLINGS CONTAINING NO MORE THAN FOUR DWELLING UNITS OF
54 WOODFRAME CONSTRUCTION NOT MORE THAN TWO STORIES AND BASEMENT IN HEIGHT.
55 C. GARAGES OR OTHER STRUCTURES APPURTENANT TO BUILDINGS OF WOODFRAME
56 CONSTRUCTION NOT MORE THAN TWO STORIES AND BASEMENT IN HEIGHT.
S. 4660 4 A. 6717
1 D. AGRICULTURAL AND RANCH BUILDINGS OF WOODFRAME CONSTRUCTION, UNLESS
2 THE BUILDING OFFICIAL HAVING JURISDICTION DEEMS THAT AN UNDUE RISK TO
3 THE PUBLIC HEALTH, SAFETY OR WELFARE IS INVOLVED.
4 S 7. Paragraph e of subdivision 1 of section 7306 of the education
5 law, as added by chapter 994 of the laws of 1971, is amended to read as
6 follows:
7 e. The practice of engineering or land surveying by an engineer or
8 land surveyor licensed in this state, or the practice of landscape
9 architecture by a landscape architect licensed in this state, OR THE
10 PRACTICE OF CERTIFIED INTERIOR DESIGN BY A CERTIFIED INTERIOR DESIGNER
11 REGISTERED IN THIS STATE, provided that no such engineer, land surveyor
12 [or], landscape architect OR CERTIFIED INTERIOR DESIGNER shall use the
13 designation "architect," or "architectural" or "architecture" unless
14 licensed as an architect in this state.
15 S 8. This act shall take effect on the thirtieth day after it shall
16 have become a law.
