Bill Text: NY S07360 | 2013-2014 | General Assembly | Introduced

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Bill Title: Regulates the practice of certified interior design including the use of proper seals and construction documents.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2014-05-14 - REFERRED TO HIGHER EDUCATION [S07360 Detail]

Download: New_York-2013-S07360-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7360
                                   I N  S E N A T E
                                     May 14, 2014
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law, in relation to the practice of certi-
         fied interior design; and repealing certain  provisions  of  such  law
         relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 8302 of the education law is  REPEALED  and  a  new
    2  section 8302 is added to read as follows:
    3    S   8302.   SPECIAL   PROVISIONS:   SEALS;   AUTHORIZATION  TO  SUBMIT
    4  CONSTRUCTION DOCUMENTS. 1. (A) THE BOARD SHALL PRESCRIBE, BY  RULE,  ONE
    5  OR  MORE FORMS OF SEALS TO BE USED BY CERTIFIED INTERIOR DESIGNERS HOLD-
    6  ING VALID LICENSURE UNDER THIS ARTICLE.
    7    (B) EACH CERTIFIED INTERIOR DESIGNER SHALL OBTAIN ONE SEAL IN THE FORM
    8  APPROVED BY RULES OF THE BOARD. ALL ORIGINAL CONSTRUCTION DOCUMENTS  AND
    9  INSTRUMENTS  OF  SERVICE  INCLUDING  DRAWINGS, PLANS, SPECIFICATIONS, OR
   10  REPORTS PREPARED OR ISSUED BY THE CERTIFIED INTERIOR DESIGNER  OR  BY  A
   11  FULL-TIME  OR  PART-TIME  SUBORDINATE  EMPLOYED  UNDER HIS OR HER SUPER-
   12  VISION, AND BEING FILED WITH PUBLIC OFFICIALS SHALL BEAR THE  SIGNATURE,
   13  DATE  AND  SEAL  OF  THE  CERTIFIED  INTERIOR  DESIGNER  WHO PREPARED OR
   14  APPROVED THE DOCUMENT AND THE DATE ON WHICH THEY WERE SEALED.
   15    (C) NO CERTIFIED INTERIOR  DESIGNER  SHALL  AFFIX,  OR  PERMIT  TO  BE
   16  AFFIXED,  HIS OR HER SEAL OR SIGNATURE TO ANY PLAN, SPECIFICATION, DRAW-
   17  ING, OR OTHER DOCUMENT WHICH DEPICTS WORK WHICH HE OR SHE IS NOT  COMPE-
   18  TENT OR LICENSED TO PERFORM.
   19    (D) NO CERTIFIED INTERIOR DESIGNER SHALL AFFIX HIS OR HER SIGNATURE OR
   20  SEAL  TO ANY PLANS, SPECIFICATIONS, OR DOCUMENTS WHICH WERE NOT PREPARED
   21  BY HIM OR HER OR UNDER HIS OR HER RESPONSIBLE SUPERVISING CONTROL OR  BY
   22  ANOTHER  CERTIFIED  INTERIOR DESIGNER AND REVIEWED, APPROVED OR MODIFIED
   23  AND ADOPTED BY HIM OR HER AS HIS OR HER  OWN  WORK  ACCORDING  TO  RULES
   24  ADOPTED BY THE BOARD.
   25    2.  NOTWITHSTANDING  PROVISIONS  OF  LAW  TO THE CONTRARY, A CERTIFIED
   26  INTERIOR DESIGNER WITH A VALID LICENSE  OR  LIMITED  PERMIT  UNDER  THIS
   27  ARTICLE  MAY  SUBMIT  SEALED, STAMPED CONSTRUCTION DOCUMENTS AND INSTRU-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14595-01-4
       S. 7360                             2
    1  MENTS OF SERVICE WITHIN THEIR DEFINITION OF PRACTICE TO ANY OFFICIAL  OF
    2  THIS STATE OR ANY CITY, TOWN OR COUNTY CHARGED WITH ENFORCEMENT OF LAWS,
    3  ORDINANCES,  OR REGULATIONS. NO OFFICIAL OF THIS STATE OR OF ANY COUNTY,
    4  CITY,  TOWN  OR  VILLAGE  THEREIN, CHARGED WITH THE ENFORCEMENT OF LAWS,
    5  ORDINANCES OR REGULATIONS RELATING TO CERTIFIED  INTERIOR  DESIGN  PRAC-
    6  TICES,  SHALL  REJECT  OR  DENY ANY PLANS OR SPECIFICATIONS FOR THE SOLE
    7  REASON THAT THEY ARE STAMPED:
    8    (A) WITH THE SEAL OF A CERTIFIED INTERIOR DESIGNER REGISTERED IN  THIS
    9  STATE  AND  BEARING  THE  AUTHORIZED  FACSIMILE OF THE SIGNATURE OF SUCH
   10  CERTIFIED INTERIOR DESIGNER; OR
   11    (B) WITH THE OFFICIAL SEAL AND AUTHORIZED FACSIMILE OF  THE  SIGNATURE
   12  OF  A  CERTIFIED INTERIOR DESIGNER NOT A RESIDENT OF THIS STATE, BUT WHO
   13  IS LEGALLY QUALIFIED TO PRACTICE AS SUCH IN HIS  OR  HER  OWN  STATE  OR
   14  COUNTRY,  PROVIDED THAT SUCH PERSON HOLDS A LIMITED PERMIT ISSUED BY THE
   15  DEPARTMENT, AND PROVIDED FURTHER THAT THE PLANS  OR  SPECIFICATIONS  ARE
   16  ACCOMPANIED BY AND HAVE ATTACHED THERETO WRITTEN AUTHORIZATION ISSUED BY
   17  THE DEPARTMENT FOR THE SPECIFIC PROJECT.
   18    3.  TO  ALL  PLANS, SPECIFICATIONS, CONSTRUCTION DOCUMENTS AND INSTRU-
   19  MENTS OF SERVICE TO WHICH THE SEAL OF A CERTIFIED INTERIOR DESIGNER  HAS
   20  BEEN APPLIED, THERE SHALL ALSO BE APPLIED A STAMP WITH APPROPRIATE WORD-
   21  ING,  WARNING  THAT IT IS A VIOLATION OF THIS LAW FOR ANY PERSON, UNLESS
   22  HE OR SHE IS ACTING UNDER THE DIRECTION OF A CERTIFIED INTERIOR  DESIGN-
   23  ER, TO ALTER THEM IN ANY WAY. IF AN ITEM BEARING THE SEAL OF A CERTIFIED
   24  INTERIOR  DESIGNER  IS ALTERED, THE ALTERING CERTIFIED INTERIOR DESIGNER
   25  SHALL AFFIX TO THE ITEM HIS OR HER SEAL  AND  THE  NOTION  "ALTERED  BY"
   26  FOLLOWED  WITH HIS OR HER SIGNATURE AND THE DATE OF SUCH ALTERATION, AND
   27  A SPECIFIC DESCRIPTION OF THE ALTERATION.
   28    S 2. This act shall take effect on the thirtieth day  after  it  shall
   29  have become a law.