Bill Text: OR HB2491 | 2011 | Regular Session | Introduced
Bill Title: Relating to the regulation of interior design; appropriating money; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2491 Detail]
Download: Oregon-2011-HB2491-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1956
House Bill 2491
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Consumer Protection and Government Accountability)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes Board of Interior Design. Requires person
practicing interior design to be registered with board as of
January 1, 2017.
Imposes civil penalty for violation of provisions relating to
regulation of interior design.
Establishes Board of Interior Design Fund and continuously
appropriates moneys in fund to board.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the regulation of interior design; appropriating
money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 14 of this 2011 Act:
(1) 'Practice of interior design' means client consultation and
the preparation and administration of design documents relating
to a nonstructural and nonseismic interior area of a building or
structure designed for human occupancy.
(2) 'Practice of interior design' includes, but is not limited
to, the preparation of:
(a) Design studies;
(b) Drawings and renderings;
(c) Schedules;
(d) Specifications;
(e) Bid contracts;
(f) Space plans;
(g) Reflected ceiling plans;
(h) Lighting plans;
(i) Egress plans;
(j) Ergonomics plans;
(k) Indoor air quality plans;
(L) Design or specification of fixtures, furnishing or
equipment; and
(m) Plans for compliance with state or local building codes and
other laws related to buildings.
(3) 'Practice of interior design' does not include client
consultation and the preparation and administration of design
documents related solely to decorative interior elements of a
building that are not subject to regulation under state or local
building codes or other laws related to buildings. + }
SECTION 2. { + (1) There is established the Board of Interior
Design, consisting of five members appointed by the Governor and
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565. All members of the board must be
residents of this state. Of the members of the board:
(a) Three must be persons who practice interior design; and
(b) Two must be members of the public.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. The terms must be
staggered so that no more than two terms end each year. Before
the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on July 1 next following. A
member is eligible for reappointment. If there is a vacancy for
any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(3) The board shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties
and powers necessary for the performance of the functions of such
offices as the board determines.
(4) A majority of the members of the board constitutes a quorum
for the transaction of business.
(5) The board shall meet at least once every year at a place,
day and hour determined by the board. The board may also meet at
other times and places specified by the call of the chairperson
or of a majority of the members of the board. + }
{ + (6) The board may hire and fix the compensation of an
executive director.
(7) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 3. { + The Board of Interior Design may:
(1) Adopt rules to enforce the provisions of sections 1 to 14
of this 2011 Act and to exercise general supervision over the
practice of interior design in this state.
(2) Adopt rules governing the issuance, renewal, reactivation,
denial, suspension and revocation of registrations to practice
interior design.
(3) Issue subpoenas over the signature of the executive
director or the designee of the executive director to compel the
attendance of witnesses and the production of documents in
investigations or proceedings pertaining to the power and duties
of the board.
(4) Adopt rules establishing fees for the following relating to
interior designers:
(a) Application;
(b) Original registration;
(c) Registration renewal;
(d) Examinations;
(e) Late renewal;
(f) Replacement or duplicate registration;
(g) Reciprocity;
(h) Registration reactivation; and
(i) Providing copies of official documents or records and for
recovering administrative costs associated with compiling,
photocopying or preparing and delivering the documents or
records. + }
SECTION 4. { + The lapsing or suspension of a registration as
an interior designer by operation of law, by order of the Board
of Interior Design, by decision of a court of law or by the
voluntary surrender of a registration as an interior designer
does not deprive the board of jurisdiction to proceed with any
investigation of or any action or disciplinary proceedings
against the interior designer, or to revise or render null and
void an order suspending or revoking the registration. + }
SECTION 5. { + (1) A person may not practice interior design
or use the title Registered Interior Designer unless the person
is registered with the Board of Interior Design under section 6
of this 2011 Act.
(2) Sections 1 to 14 of this 2011 Act do not apply to a person
who does not purport to be a registered interior designer and who
is:
(a) An employee of a retail establishment providing services to
the establishment in the course of the person's employment.
(b) An architect licensed under ORS 671.010 to 671.220.
(c) An engineer registered under ORS 672.002 to 672.325.
(d) A construction contractor licensed under ORS chapter 701.
(e) Working under the supervision of a registered interior
designer, licensed architect, registered engineer or licensed
construction contractor.
(f) Practicing interior design for a single-family residential
dwelling or farm building or an auxiliary structure to a
single-family residential dwelling or farm building. + }
SECTION 6. { + (1) A person desiring to be registered as an
interior designer shall apply to the Board of Interior Design in
the manner provided by the board by rule.
(2) A person qualifies for registration as an interior designer
if the person:
(a) Has a bachelor's or master's degree in the field of
interior design;
(b) Has at least two years of professional experience in the
field of interior design;
(c) Passes an examination approved by the board by rule; and
(d) Pays any fees required by the board by rule. + }
SECTION 7. { + In accordance with rules adopted by the Board
of Interior Design, the board may register a person to practice
interior design without examination if the person is licensed as
an interior designer in another jurisdiction. + }
SECTION 8. { + A registration to practice interior design
expires one year after its issuance. A person may renew a
registration by:
(1) Meeting requirements for renewal established by the Board
of Interior Design by rule; and
(2) Paying any fees established by the board by rule. + }
SECTION 9. { + (1) A registered interior designer shall obtain
a stamp of design authorized by the Board of Interior Design. The
stamp must bear the name, registration date and registration
number of the interior designer and the legend 'Registered
Interior Designer. '
(2) A registered interior designer shall stamp and sign all
final drafts of professional documents that the interior designer
issues for obtaining permits, obtaining approvals by agencies
other than the board or fulfilling contractual obligations.
(3) The signature and stamp of a registered interior designer
constitute certification that the document was prepared by the
interior designer or under the supervision and control of the
interior designer. + }
SECTION 10. { + A registered interior designer shall complete
10 hours of continuing education each year, of which five hours
must be related to health, safety and welfare. + }
SECTION 11. { + The Board of Interior Design may deny,
suspend, revoke or refuse to issue or to renew a registration to
practice interior design, or reprimand or impose probation upon a
registered interior designer, upon proof that the applicant or
registered interior designer:
(1) Violated sections 1 to 14 of this 2011 Act or rules adopted
by the board under sections 1 to 14 of this 2011 Act.
(2) Obtained or attempted to obtain or renew a registration by
fraud or misrepresentation.
(3) Committed fraud or misrepresentation.
(4) Committed negligence or demonstrated incompetence or any
departure from or failure to conform to standards of practice in
the practice of interior design. + }
SECTION 12. { + The Board of Interior Design may, upon motion
of the board or upon the verified complaint in writing of any
person, investigate any alleged violation of sections 1 to 14 of
this 2011 Act. As part of the investigation, the board may
administer oaths, obtain and receive evidence at board
proceedings and compel compliance with board subpoenas. + }
SECTION 13. { + A person that reports or supplies information
in good faith to the Board of Interior Design is immune from an
action for civil damages as a result thereof. The board may not
disclose the name of a person requesting confidentiality unless
the testimony of the person is required as part of a board
disciplinary proceeding. + }
SECTION 14. { + The Board of Interior Design Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Board of Interior Design
Fund shall be credited to the fund. Moneys in the fund are
continuously appropriated to the Board of Interior Design for the
purposes of carrying out the provisions of sections 1 to 14 and
15 of this 2011 Act. + }
SECTION 15. { + (1) In accordance with ORS chapter 183, the
Board of Interior Design may impose a civil penalty of up to
$5,000 for violation of any provision of sections 1 to 14 of this
2011 Act or any rule adopted by the board under sections 1 to 14
of this 2011 Act.
(2) Civil penalties recovered under this section shall be
deposited in the Board of Interior Design Fund established under
section 14 of this 2011 Act. + }
SECTION 16. { + Notwithstanding the requirements of section 6
of this 2011 Act, the Board of Interior Design may issue a
registration to a person who:
(1)(a) Has at least 10 years of experience in the field of
interior design; and
(b) Has passed an examination or section of an examination
approved by the board on the subjects of building codes, building
systems and construction standards; or
(2)(a) Has at least 20 years of experience in the field of
interior design; and
(b) Submits a portfolio of the person's interior design work to
the board for approval by the board. + }
SECTION 17. { + Section 16 of this 2011 Act is repealed on
December 31, 2016. + }
SECTION 18. { + Notwithstanding the term of office specified
by section 2 of this 2011 Act, of the members first appointed to
the Board of Interior Design:
(1) One shall serve for a term ending July 1, 2013.
(2) One shall serve for a term ending July 1, 2014.
(3) One shall serve for a term ending July 1, 2015.
(4) Two shall serve for terms ending July 1, 2016. + }
SECTION 19. { + (1) Sections 6 to 13 and 16 of this 2011 Act
become operative on January 1, 2014.
(2) Section 5 of this 2011 Act becomes operative on January 1,
2017.
(3) The Board of Interior Design may take any action on or
before the operative date specified in subsection (1) of this
section that is necessary to enable the board to exercise, on and
after the operative date specified in subsection (1) of this
section, all of the duties, functions and powers conferred on the
board by sections 5 to 13 and 16 of this 2011 Act. + }
SECTION 20. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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