Bill Text: CA AB2482 | 2011-2012 | Regular Session | Amended
Bill Title: Registered interior designers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-24 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2482 Detail]
Download: California-2011-AB2482-Amended.html
BILL NUMBER: AB 2482 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Member Ma
FEBRUARY 24, 2012
An act to add Chapter 3.7 (commencing with Section 5700) to
Division 3 of the Business and Professions Code, to amend Section
13401 of the Corporations Code, and to amend Section 26509 of the
Government Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2482, as amended, Ma. Registered interior designers.
Existing law defines certified interior designers and interior
design organizations, permits a certified interior designer to obtain
and use a stamp identifying the designer, and, among other things,
makes it an unfair business practice for a person to represent
himself or herself as a certified interior designer unless he or she
complies with certain requirements.
This bill would create the California Registered Interior
Designers Board within the Department of Consumer Affairs. The bill
would require the membership of the board to consist of an
unspecified number of members who are required to be registered
interior designers and an unspecified number of public members. The
bill would require the Governor to appoint the public members and the
Senate Committee on Rules and the Speaker of the Assembly to appoint
unspecified numbers of the licensee members. The bill would provide
for the licensure and regulation by the board of persons who engage
in the practice of registered interior design, as defined. The bill
would require the board to issue a license to a person who meets
specified requirements, including, but not limited to, completing an
application, paying a specified fee, submitting proof of successful
completion of certain education and work experience, and submitting
proof of passage of an examination approved by the board or a
specified examination prepared and administered by the National
Council for Interior Design. The bill would also require the board to
issue a license to, among others, specified certified interior
designers or persons with certain interior design experience if they
are certified by the National Council for Interior Design or have
passed an examination approved by the board or a specified
examination administered by the National Council for Interior Design.
The bill would enact various provisions regarding the practice of
registered interior design, including, but not limited to, practice
requirements, license requirements, conditions for license renewals
including the completion of continuing education, and grounds for
revocation or suspension of a license, among other disciplinary
actions.
The bill would authorize licensees, architects, landscape
architects, and engineers to join or form business organizations or
associations, except as specified, with persons outside their field
of practice if certain requirements are met. The bill would authorize
a licensee, if required by a local government in relation to the
issuance of a permit, to prepare and seal interior design documents
to be submitted for certain building permits.
The bill would create the California Registered Interior Designers
Board Fund and would authorize the committee to impose various fees
on registered interior designers to be deposited in that fund.
The bill would make it unlawful for a person to hold himself or
herself out as, or solicit business as, a registered interior
designer or use the title "registered interior designer" unless
licensed pursuant to these provisions. The bill would also prohibit a
person from engaging in the practice of registered interior design
without a license. The bill would make a violation of any of these
provisions a misdemeanor and, by creating a new crime, would impose a
state-mandated local program. The bill would enact related
provisions , and would declare the intent of the
Legislature in this regard .
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
update the law pertaining to the interior design profession by
recognizing that the profession has evolved to incorporate more areas
of practice. Specifically, it is the intent of the Legislature to
permit an additional career path for those who practice in the area
of nonseismic, nonstructural, but code-affecting plan development by
providing the opportunity for licensure for those who so choose. It
is not the intent of the Legislature to affect the existing practice
of interior design in any way.
SECTION 1. SEC. 2. Chapter 3.7
(commencing with Section 5700) is added to Division 3 of the Business
and Professions Code, to read:
CHAPTER 3.7. REGISTERED INTERIOR DESIGNERS
Article 1. General Provisions
5700. The purpose of this chapter is to safeguard life, health,
and property, to promote the public welfare by improving the quality
of human environmental design, and to establish the practice of
registered interior design for persons who hold design education and
experience and successfully pass an interior design examination, as
provided in this chapter.
5702. For purposes of this chapter, the following terms shall
have the following meanings:
(a) "Board" means the California Registered Interior Designers
Board.
(b) "Building shell" means the architecture of an existing
building, including, but not limited to, the framework, the perimeter
and exterior walls, the building core and columns, and other
structural, load-bearing elements.
(c) "Construction documents" means the detailed working drawings
that define the work to be constructed. These documents may include,
but are not limited to, partition plans, power and communication
plans, reflected ceiling plans, materials and finishes plans,
furniture layout plans, and elevations, sections, and details, along
with the drawings of associated consultants.
(d) "Contract documents" means the set of documents that form a
part of the legal contract for services between two or more parties.
These documents may include, but are not limited to, detailed
instructions to the contractor, tender forms, construction documents,
and specifications.
(e) "Interior design" means a multifaceted profession in which
creative and technical solutions are applied within a structure to
achieve a built interior environment. These solutions are functional
and enhance the quality of life and culture of the occupants.
Interior design includes, but is not limited to, both of
the following:
(1) The creation of designs, in response to and in coordination
with the building shell, that acknowledge the physical location and
social context of a project, adhere to code and regulatory
requirements, and encourage the principles of environmental
sustainability.
(2) The use of a systematic and coordinated methodology, including
research, analysis, and integration of knowledge into the creative
process, to satisfy the needs of a client, using the resources of the
client, in order to produce an interior space that fulfills a
project's goals.
(3) The rendering of services to enhance the quality and function
of an interior area within a structure designed for human habitation
or occupancy, including, but not limited to, all of the following:
(A) An analysis of a client's needs and goals for the interior
area and an analysis of the safety requirements applicable to that
area.
(B) The formulation of appropriate, functional, and safe
preliminary designs, including space planning, for the interior area.
(C) The development and presentation of final designs, including,
but not limited to, drawings affecting nonstructural or nonseismic
elements or components, that are appropriate for the alteration or
construction of the interior area.
(D) The preparation of contract documents for the alteration or
construction of the interior area, including, but not limited to,
specifications for partitions, materials, finishes, furniture,
fixtures, and equipment.
(E) Collaboration with architects licensed pursuant to Chapter 3
(commencing with Section 5500) or professional engineers registered
pursuant to Chapter 7 for the alteration or construction of the
interior area.
(F) The preparation and administration of bids or contract
documents for the alteration or construction of the interior area as
the agent of a client.
(G) The review and evaluation of problems relating to the design
of the interior area during the alteration or construction of the
area and upon completion of that alteration or construction.
(f) "Licensee" means a person licensed pursuant to the provisions
of this chapter.
(g) "Nonstructural or nonseismic elements or components" means
interior elements or components that are not load bearing, or do not
assist in the seismic design, and do not require design computations
for a building's structure. These elements or components include, but
are not limited to, ceiling and partition systems and elements or
components that employ normal and typical bracing conventions but are
not part of the structural integrity of the building. These elements
or components exclude the structural frame supporting a building.
(h) "Partition" means a wall that does not support a vertical load
of a structure other than its own weight, but may support loads
attached to it, such as cabinetry, shelving, or grab bars, and does
not extend further than the distance from the floor of an interior
area of a structure designed for human habitation or occupancy to the
underside of the deck of that structure.
(i) "Reflected ceiling plan" means a ceiling design that
illustrates a ceiling as if the ceiling was projected downward, and
may include, but is not limited to, lighting and other elements.
(j) "Responsible supervisory control" means the direct
responsibility for supervising work and the decisionmaking process,
including the review, control, and enforcement of compliance with
design criteria and life safety requirements.
(k) "Space planning" means the analysis and design of spatial and
occupancy requirements, including, but not limited to, preliminary
space layouts and final planning for nonload-bearing walls,
partitions, panels, and furnishings.
(l) "Specifications" means the detailed written description of
construction, workmanship, and materials of the work to be
undertaken.
5704. The "practice of registered interior design" means the
rendering of services to enhance the quality and function of
an interior area within a structure designed for human habitation or
occupancy, and includes, but is not limited to, all of the
following: by a licensee and use by a licensee of a
"Registered Interior Designer" stamp, as provided for in this
chapter.
(a) An analysis of a client's needs and goals for the interior
area and an analysis of the safety requirements applicable to that
area.
(b) The formulation of appropriate, functional, and safe
preliminary designs, including space planning, for the interior area.
(c) The development and presentation of final designs, including,
but not limited to, drawings affecting nonstructural or nonseismic
elements or components, that are appropriate for the alteration or
construction of the interior area.
(d) The preparation of contract documents for the alteration or
construction of the interior area, including, but not limited to,
specifications for partitions, materials, finishes, furniture,
fixtures, and equipment.
(e) Collaboration with professional engineers registered pursuant
to Chapter 7 (commencing with Section 6700) or architects licensed
pursuant to Chapter 3 (commencing with Section 5500) for the
alteration or construction of the interior area.
(f) The preparation and administration of bids or contract
documents for the alteration or construction of the interior area as
the agent of a client.
(g) The review and evaluation of problems relating to the design
of the interior area during the alteration or construction of the
area and upon completion of that alteration or construction.
5706. There is in the Department of Consumer Affairs a California
Registered Interior Designers Board in which the administration and
enforcement of this chapter is vested.
5708. The board shall license and regulate the practice of
registered interior design in the interest and for the protection of
the public health, safety, and welfare. The board shall establish a
fair and uniform enforcement policy to deter and prosecute violations
of this chapter or any rules and regulations adopted pursuant to
this chapter that provide for the protection of the consumer.
5710. Protection of the public shall be the highest priority for
the board in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.
5712. (a) The membership of the board shall be composed of ____
members, ____ of whom shall be registered interior designers licensed
pursuant to this chapter and ____ members who shall be public
members.
(b) The licensee members of the board shall be selected from
registered interior designers in good standing who have been licensed
and in practice in this state for at least ____ years at the time of
appointment, and all of whom shall be residents and in practice in
California.
(c) The Governor shall appoint the ____ public members. The Senate
Committee on Rules shall appoint ____ licensee members and the
Speaker of the Assembly shall appoint ____ licensee members.
(d) The public members of the board shall not be licensees.
(e) The board shall elect a president and secretary from its
membership.
5714. (a) The board shall register as a member board with the
National Council for Interior Design Qualification.
(b) The board shall appoint a delegate to become a member of the
Council of Delegates of the National Council for Interior Design
Qualification.
Article 2. Licensure
5720. The board shall issue a license to a person who meets all
of the following requirements:
(a) Has not committed any of the acts described in Section 5750.
(b) Completes an application for a license on a form prescribed by
the board.
(c) Pays the licensure fee prescribed by the board pursuant to
Section 5770.
(d) Submits proof satisfactory to the board of successful
completion of one of the following:
(1) A bachelor's degree program in interior design and 3,520 hours
of interior design experience under the supervision of a registered
interior designer or other experience approved by the board,
including 1,760 hours earned after the degree program is completed.
(2) A bachelor's degree program in any major with no fewer than 60
semester or 90 quarter hours of interior design coursework that
culminates in a degree, and with 3,520 hours of interior design
experience under the supervision of a registered interior designer or
experience approved by the board, including 1,760 hours earned after
the degree program and coursework are completed.
(3) No fewer than 60 semester or 90 quarter hours of interior
design coursework that culminates in a degree or diploma and 5,280
hours of interior design experience earned after that coursework is
completed under the supervision of a registered interior designer or
experience acceptable to the board.
(4) No fewer than 40 semester or 60 quarter hours of interior
design coursework that culminates in a certificate, degree, or
diploma and 7,040 hours of interior design experience earned after
that coursework is completed under the supervision of a registered
interior designer or experience approved by the board.
(e) Submits proof of passage of the examination prepared and
administered by the National Council for Interior Design
Qualification or, if required by the board, another examination
approved by the board.
5722. The board may issue a license to a person who, at the time
of application, holds a valid license to practice registered interior
design issued in another state if the education and experience
requirements in that state are equivalent to, or more stringent than,
the requirements of this chapter, as determined by the board.
5724. (a) The board shall issue a license to a person who is, on
the effective date of the act adding this section, a certified
interior designer pursuant to Chapter 3.9 (commencing with Section
5800) or previously received interior design certification pursuant
to Chapter 3.9 (commencing with Section 5800) and is certified by the
National Council for Interior Design Qualification or has passed an
examination approved by the board or the Codes, Building Systems and
Construction Standards section of the examination administered by the
National Council for Interior Design Qualification.
(b) The board shall issue a license to a person who submits an
application to the board before January 1, 2016, and submits proof
acceptable to the board of 10 years of experience in interior design
under the supervision of a registered interior designer or experience
approved by the board and passage of an examination approved by the
board or the National Council for Interior Design Qualification
examination.
(c) The board shall issue a license to a person who submits an
application to the board before January 1, 2016, and submits proof
acceptable to the board of eight total years of experience in
interior design under the supervision of a registered interior
designer or experience approved by the board, including no fewer than
two years of education in interior design that is acceptable to the
board and is certified by the National Council for Interior Design
Qualification or has passed an examination approved by the board or
the Codes, Building Systems and Construction Standards section of the
examination of the National Council for Interior Design
Qualification.
5726. Nothing in this chapter shall be construed to prohibit any
person who is, on the effective date of the act adding this
section, certified pursuant to Chapter 3.9 (commencing with Section
5800) from attaining or maintaining the title of
"Certified Interior Designer" and from having all privileges granted
pursuant to Chapter 3.9 (commencing with Section 5800).
Further, nothing in this chapter shall be construed to prohibit the
lawful practice of interior design.
5728. (a) A license issued pursuant to this chapter shall include
the full name of the licensee and a serial number and shall be
signed by the president and the secretary of the board under seal of
the board. The issuance of a license by the board pursuant to this
chapter is evidence that the licensee is entitled to all the rights
and privileges of a registered interior designer while the license
remains unsuspended, unrevoked, and unexpired.
(b) The unauthorized use or display of a license is unlawful.
5730. (a) A license issued pursuant to this chapter shall expire
two years after the date of issue.
(b) To renew a license, the licensee shall, on or before the
expiration date of the license, do all of the following:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board pursuant to Section
5770.
(3) Submit proof of compliance with the continuing education
requirements established by the board.
(4) Comply with subdivision (b) of Section 5724, if applicable.
(c) After a licensee has satisfied the requirements of subdivision
(b), the secretary of the board shall renew the license for two
years. The renewed license shall bear the full name of the licensee,
the licensee's serial number, the seal of the board, and the
signature, or a facsimile thereof, of the secretary or president of
the board. The secretary of the board shall record the renewal in the
official register of the board.
5732. The board shall, by regulation, require registered interior
designers to complete not more than 10 hours of continuing education
per renewal period as a condition of renewal of their license.
5734. (a) Except as provided in subdivision (b), a certificate of
licensure that is not renewed on or before its expiration date may
be renewed at any time within one year of the date of its expiration
if the licensee meets the requirements of Section 5732.
(b) The board may, by regulation, authorize the renewal of a
license that has not been renewed within one year of the date of its
expiration.
5736. The board shall issue, upon application, a retired license
to a person licensed by the board who chooses to relinquish or not
renew his or her license. A person holding a retired license shall
use the title "retired registered interior designer" and shall not
practice registered interior design.
5738. The board may deny a license for any violation of this
chapter.
Article 3. Practice of Registered Interior Design
5740. (a) A licensee shall sign, date, and seal or stamp, using a
seal or stamp described in subdivision (b), all plans,
specifications, studies, drawings, and other documents he or she
issues for official use pursuant to the practice of registered
interior design. The board may adopt regulations specifying the
manner in which a licensee may electronically issue those documents.
(b) A licensee shall use a seal or stamp of the design authorized
by the board, bearing his or her name, the serial number included on
his or her certificate of licensure, and the legend "registered
interior designer."
(c) It is unlawful for a person to seal or stamp a plan,
specification, study, drawing, or other document after the license
has expired or has been suspended or revoked, unless the certificate
has been renewed or reissued.
(d) A plan, specification, study, drawing, or other document
prepared by a licensee shall contain a statement that the document
was prepared by a person licensed pursuant to this chapter.
5742. Notwithstanding any other provision of law, a licensee may,
if required by a city, county, or city and county in relation to the
issuance of a permit, prepare and seal interior design documents to
be submitted for the issuance of a building permit for interior
construction, excluding design of any structural, mechanical,
plumbing, heating, air-conditioning, ventilating, electrical, or
vertical transportation systems.
5744. A licensee may, in the practice of registered interior
design, collaborate with any of the following persons:
(a) An architect licensed pursuant to Chapter 3 (commencing with
Section 5500).
(b) An electrical, structural, or mechanical engineer registered
and authorized to use that title pursuant to Chapter 7 (commencing
with Section 6700).
5746. A person shall not bring or maintain an action in the
courts of this state for the collection of compensation for the
performance of an act or contract for which a license is required by
this chapter without alleging and proving that he or she was duly
licensed under this chapter at all times during the performance of
the act or contract.
Article 4. Discipline
5750. (a) The board may, by order, suspend, revoke, or place on
probation the certificate of a licensee, assess a fine of not more
than ten thousand dollars ($10,000) against a licensee, impose the
costs of an investigation and prosecution upon a licensee, or take
any combination of these disciplinary actions if a licensee does any
of the following:
(1) Obtains a license by fraud or concealment of a material fact.
(2) Is found guilty by the board or a court of competent
jurisdiction of fraud, deceit, or concealment of a material fact in
his or her practice of registered interior design, or is convicted by
a court of competent jurisdiction of a crime involving moral
turpitude.
(3) Is found mentally ill by a court of competent jurisdiction.
(4) Is found guilty by the board of incompetence, negligence, or
gross negligence in the practice of interior design.
(5) Affixes his or her signature, stamp, or seal to plans,
specifications, studies, drawings, or other instruments of service
that have not been prepared by him or her, or in his or her office,
or under his or her responsible supervisory control, or permits the
use of his or her name to assist a person who is not a licensed
interior designer to evade any provision of this chapter.
(6) Aids or abets an unlicensed person to practice as a registered
interior designer.
(7) Violates a law, regulation, or code of ethics pertaining to
the practice of registered interior design.
(8) Fails to comply with an order issued by the board or fails to
cooperate with an investigation conducted by the board.
(b) An order issued pursuant to this section, and the findings of
fact and conclusions of law supporting that order, are public
records.
(c) The board shall be subject to the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Division 3 of Title
2 of the Government Code.
(d) For purposes of this section, the following terms have the
following meanings:
(1) "Gross negligence" means conduct that demonstrates a reckless
disregard of the consequences affecting the life or property of
another person.
(2) "Incompetence" means conduct that, in the practice of
registered interior design, demonstrates a significant lack of
ability, knowledge, or fitness to discharge a professional
obligation.
(3) "Negligence" means a deviation from the normal standard of
professional care exercised generally by other persons engaging in
the practice of registered interior design.
5752. The proceedings for the disciplinary actions described in
this article shall be conducted in accordance with the Administrative
Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code).
5754. An order placing a licensee on probation pursuant to
Section 5750 may include, but shall be not be limited to, any of the
following conditions:
(a) Restriction on the scope of practice of registered interior
design of the licensee.
(b) Peer review by peers designated by the board.
(c) Required continuing education or counseling.
(d) Payment of restitution to persons who suffered harm or loss.
Article 4.5. Business Organization or Association
5756. (a) Notwithstanding any other provision of law, persons
licensed pursuant to this chapter, architects licensed pursuant to
Chapter 3 (commencing with Section 5500), landscape architects
licensed pursuant to Chapter 3.5 (commencing with Section 5615), and
professional engineers registered pursuant to Chapter 7 (commencing
with Section 6700) may join or form a partnership, corporation, or
other business organization or association, except a limited
liability company or limited liability partnership, with persons
outside their field of practice who are not registered or licensed if
all of the following requirements are met:
(1) Control and two-thirds ownership of the business organization
or association are held by persons registered pursuant to this
chapter, architects licensed pursuant to Chapter 3 (commencing with
Section 5500), landscape architects licensed pursuant to Chapter 3.5
(commencing with Section 5615), or professional engineers registered
pursuant to Chapter 7 (commencing with Section 6700). For purposes of
this paragraph, "control" means the direct or indirect possession of
power to direct or cause the direction of the management and
policies of the business organization or association.
(2) The business organization or association demonstrates to the
satisfaction of the board that it is in compliance with the
requirements of this section.
(3) The business organization or association otherwise qualifies
to do business in this state pursuant to other applicable
requirements of state law.
(4) The business organization, if a corporation, obtains a
certificate of registration from the board and furnishes to the board
a complete list of all shareholders when it first registers with the
board, and annually thereafter within 30 days after the annual
meeting of the shareholders of the corporation, showing the number of
shares held by each shareholder.
(5) The business organization or association, if not a
corporation, obtains a certificate of registration from the board and
furnishes information similar to that required under paragraph (4),
as prescribed by the board by regulation.
(b) A business organization or association providing interior
design services shall not perform, promote, or advertise the services
of a registered interior designer unless a registered interior
designer is an owner of the business organization or association.
(c) A licensee practicing in a business organization or
association holding a certificate of registration pursuant to this
section remains subject to Section 5750.
(d) If an unlicensed person, or a licensee who is not an owner,
and who is employed by or affiliated with a business organization or
association that holds a certificate pursuant to this section, is
found by the board to have violated a provision of this chapter or a
regulation of the board, the board may hold the business organization
or association and the licensees who are owners responsible for the
violation.
Article 5. Offenses Against the Chapter
5760. (a) It is unlawful for a person to do any of the following:
(1) Hold himself or herself out to the public or solicit business
as a licensed registered interior designer in this state without
holding a license issued by the board pursuant to this chapter. This
paragraph does not prohibit a person who is exempt from this chapter
pursuant to Section 5780 from holding himself or herself out to the
public or soliciting business in this state as an interior designer.
(2) Advertise or put out any sign, card, or other device that
indicates to the public that he or she is a licensed registered
interior designer or that he or she is otherwise qualified to engage
in the practice of registered
interior design, without holding a license issued by the board
pursuant to this chapter.
(3) Practice registered interior design, or use the title
"registered interior designer," in this state unless he or she holds
a license issued by the board pursuant to this chapter.
(4) Violate any provision of this chapter.
(b) This section does not prohibit a person registered or
otherwise qualified or approved by a private organization from using
a term or title copyrighted or otherwise protected under law by the
certifying organization or from providing services customarily
associated with that title, or specified by the certifying
organization, or as specified in Section 5704, provided that the use
of that term or title does not connote licensure under this chapter.
(c) This section does not prohibit a person from providing
services as specified in Section 5538, provided he or she does not
hold himself or herself out to the public as, or solicit business as,
a registered interior designer, unless the person holds a valid
license issued by the board pursuant to this chapter.
5762. A person who violates any provision of this chapter is
guilty of a misdemeanor, punishable as follows:
(a) For a first violation, the person shall be punished by a fine
of not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than six months, or by both that fine and imprisonment.
(b) For a second or subsequent violation, the person shall be
punished by a fine of not less than one thousand dollars ($1,000) nor
more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not more than one year, or by both that fine and
imprisonment.
5764. In addition to any other penalty prescribed by law, a
person who violates any provision of this chapter or any regulation
adopted by the board is subject to a civil penalty of not more than
ten thousand dollars ($10,000) for each violation. That penalty shall
be imposed by the board at a hearing conducted in accordance with
the Administrative Procedure Act (Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code).
Article 6. Revenue
5770. (a) The board shall assess fees for licensure and licensure
renewal in an amount sufficient to cover the reasonable regulatory
cost of administering the provisions of this chapter.
(b) Fees collected pursuant to this chapter shall be collected by
the board and deposited into the California Registered Interior
Designers Board Fund, which is hereby created.
(c) All money in this fund shall, upon appropriation by the
Legislature in the annual Budget Act, be used to carry out the
provisions of this chapter.
Article 7. Exemptions
5780. (a) This chapter shall not apply to any of the following:
(1) An architect licensed pursuant to Chapter 3 (commencing with
Section 5500) acting within the scope of his or her license.
(2) A professional engineer registered pursuant to Chapter 7
(commencing with Section 6700) acting within the scope of his or her
license.
(3) A person engaging in work related to registered interior
design as an employee of a registered interior designer if the work
does not include responsible supervisory control or supervision of
the practice of registered interior design.
(4) A person performing registered interior design work under the
responsible supervisory control of a registered interior designer.
(5) A consultant retained by a registered interior designer.
(6) A person who prepares drawings of the layout of materials or
furnishings used in registered interior design or provides assistance
in the selection of materials or furnishings used in registered
interior design, if the preparation or implementation of those
drawings, or the installation of those materials or furnishings, is
not regulated by a building code or other law, ordinance, rule, or
regulation governing the alteration or construction of a structure.
The persons exempt from this chapter pursuant to this subdivision
include, but are not limited to, a person who prepares drawings of
the layout of, or provides assistance in the selection of, any of the
following materials:
(A) Decorative accessories.
(B) Wallpaper, wallcoverings, or paint.
(C) Linoleum, tile, carpeting, or floor coverings.
(D) Draperies, blinds, or window coverings.
(E) Lighting or plumbing fixtures that are not part of a
structure.
(F) Furniture or equipment.
(7) An employee of a retail establishment providing consultation
regarding interior decoration or furnishings on the premises of the
retail establishment or in the furtherance of a retail sale or
prospective retail sale.
(b) (1) Notwithstanding subdivision (a), a person shall not refer
to himself or herself as a registered interior designer without being
licensed pursuant to this chapter.
(2) This subdivision does not prohibit a person registered or
otherwise qualified or approved by a private organization from using
a term or title copyrighted or otherwise protected under law by the
certifying organization provided that the use of that term or title
does not connote licensure under this chapter.
(c) The exemptions described in this section shall not absolve a
person from any civil or criminal liability that might otherwise
accrue when engaging in acts described in this section.
5782. This chapter does not prohibit any person from preparing
plans, drawings, or specifications for any of the following:
(a) Single-family dwellings of woodframe construction not more
than two stories and basement in height.
(b) Multiple dwellings containing no more than four dwelling units
of woodframe construction not more than two stories and basement in
height.
(c) Garages or other structures appurtenant to buildings described
in this section, of woodframe construction not more than two stories
and basement in height.
(d) Agricultural and ranch buildings of woodframe construction,
unless the building official having jurisdiction deems that an undue
risk to the public health, safety, or welfare is involved.
5784. A structural engineer, defined as a registered civil
engineer who has been authorized to use the title structural engineer
under the provisions of Chapter 7 (commencing with Section 6700),
insofar as he or she practices the profession for which he or she is
registered, is exempt from the provisions of this chapter, except
that a structural engineer may not use the title "registered interior
designer," unless he or she holds a license as required in this
chapter.
5786. This chapter shall not be construed as authorizing a
licensed contractor to perform design services beyond those described
in Section 5782 or in Chapter 9 (commencing with Section 7000),
unless those services are performed by or under the direct
supervision of a person licensed to practice registered interior
design under this chapter, or a professional or civil engineer
licensed pursuant to Chapter 7 (commencing with Section 6700) of
Division 3, insofar as the professional or civil engineer practices
the profession for which he or she is registered under that chapter.
However, this section does not prohibit a licensed contractor from
performing any of the services permitted by Chapter 9 (commencing
with Section 7000) of Division 3 within the classification for which
the license is issued. Those services may include the preparation of
shop and field drawings for work that he or she has contracted or
offered to perform, and designing systems and facilities that are
necessary to the completion of contracting services that he or she
has contracted or offered to perform.
However, a licensed contractor may not use the title "registered
interior designer," unless he or she holds a license as required in
this chapter.
5788. A professional engineer registered to practice engineering
under the provisions of Chapter 7 (commencing with Section 6700),
insofar as he or she practices the profession for which he or she is
registered, is exempt from the provisions of this chapter, except
that a professional engineer may not use the title "registered
interior designer," unless he or she holds a license as required in
this chapter.
5790. A civil engineer authorized to use that title under the
provisions of Chapter 7 (commencing with Section 6700), insofar as he
or she practices the profession for which he or she is registered,
is exempt from the provisions of this chapter, except that a civil
engineer may not use the title "registered interior designer," unless
he or she holds a license as required in this chapter.
5792. A landscape architect registered under the provisions of
Chapter 3.5 (commencing with Section 5615), insofar as he or she
practices the profession for which he or she is registered, is exempt
from the provisions of this chapter, except that a landscape
architect may not use the title "registered interior designer,"
unless he or she holds a license as required in this chapter.
5794. A land surveyor licensed under the provisions of Chapter 15
(commencing with Section 8700) of Division 3, insofar as he or she
practices the profession for which he or she is licensed under
Chapter 15 (commencing with Section 8700) of Division 3, is exempt
from the provisions of this chapter, except that a land surveyor may
not use the title "registered interior designer," unless he or she
holds a license as required in this chapter.
5796. An architect licensed under the provisions of Chapter 3
(commencing with Section 5500) of Division 3, insofar as he or she
practices the profession for which he or she is licensed under
Chapter 3 (commencing with Section 5500) of Division 3, is exempt
from the provisions of this chapter, except that an architect may not
use the title "registered interior designer," unless he or she holds
a license as required in this chapter.
5798. This chapter does not prohibit any person from furnishing
either alone or with contractors, if required by Chapter 9
(commencing with Section 7000) of Division 3, labor and materials,
with or without plans, drawings, specifications, instruments of
service, or other data covering such labor and materials to be used
for any of the following:
(1) For nonstructural or nonseismic storefronts, interior
alterations or additions, fixtures, cabinetwork, furniture, or other
appliances or equipment.
(2) For any nonstructural or nonseismic work necessary to provide
for the installation of those storefronts, interior alterations or
additions, fixtures, cabinetwork, furniture, appliances, or
equipment.
(3) For any nonstructural or nonseismic alterations or additions
to any building necessary to or attendant upon the installation of
those storefronts, interior alterations or additions, fixtures,
cabinetwork, furniture, appliances, or equipment, provided those
alterations do not change or affect the structural system or safety
of the building.
SEC. 2. SEC. 3. Section 13401 of the
Corporations Code is amended to read:
13401. As used in this part:
(a) "Professional services" means any type of professional
services that may be lawfully rendered only pursuant to a license,
certification, or registration authorized by the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act.
(b) "Professional corporation" means a corporation organized under
the General Corporation Law or pursuant to subdivision (b) of
Section 13406 that is engaged in rendering professional services in a
single profession, except as otherwise authorized in Section
13401.5, pursuant to a certificate of registration issued by the
governmental agency regulating the profession as herein provided and
that in its practice or business designates itself as a professional
or other corporation as may be required by statute. However, any
professional corporation or foreign professional corporation
rendering professional services by persons duly licensed by the
Medical Board of California or any examining committee under the
jurisdiction of the board, the Osteopathic Medical Board of
California, the Dental Board of California, the California State
Board of Pharmacy, the Veterinary Medical Board, the California
Architects Board, the Court Reporters Board of California, the Board
of Behavioral Sciences, the Speech-Language Pathology and Audiology
Board, the Board of Registered Nursing, the California Registered
Interior Designers Board, or the State Board of Optometry shall not
be required to obtain a certificate of registration in order to
render those professional services.
(c) "Foreign professional corporation" means a corporation
organized under the laws of a state of the United States other than
this state that is engaged in a profession of a type for which there
is authorization in the Business and Professions Code for the
performance of professional services by a foreign professional
corporation.
(d) "Licensed person" means any natural person who is duly
licensed under the provisions of the Business and Professions Code,
the Chiropractic Act, or the Osteopathic Act to render the same
professional services as are or will be rendered by the professional
corporation or foreign professional corporation of which he or she is
or intends to become, an officer, director, shareholder, or
employee.
(e) "Disqualified person" means a licensed person who for any
reason becomes legally disqualified (temporarily or permanently) to
render the professional services that the particular professional
corporation or foreign professional corporation of which he or she is
an officer, director, shareholder, or employee is or was rendering.
SEC. 3. SEC. 4. Section 26509 of the
Government Code is amended to read:
26509. (a) Notwithstanding any other provision of law, including
any provision making records confidential, and including Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code, the district attorney shall be given access to, and may make
copies of, any complaint against a person subject to regulation by a
consumer-oriented state agency and any investigation of the person
made by the agency, where that person is being investigated by the
district attorney regarding possible consumer fraud.
(b) Where the district attorney does not take action with respect
to the complaint or investigation, the material shall remain
confidential.
(c) Where the release of the material would jeopardize an
investigation or other duties of a consumer-oriented state agency,
the agency shall have discretion to delay the release of the
information.
(d) As used in this section, a consumer-oriented state agency is
any state agency that regulates the licensure, certification, or
qualification of persons to practice a profession or business within
the state, where the regulation is for the protection of consumers
who deal with the professionals or businesses. It includes, but is
not limited to, all of the following:
(1) The Dental Board of California.
(2) The Medical Board of California.
(3) The State Board of Optometry.
(4) The California State Board of Pharmacy.
(5) The Veterinary Medical Board.
(6) The California Board of Accountancy.
(7) The California Architects Board.
(8) The State Board of Barbering and Cosmetology.
(9) The Board for Professional Engineers and Land Surveyors.
(10) The Contractors' State License Board.
(11) The Funeral Directors and Embalmers Program.
(12) The Structural Pest Control Board.
(13) The Bureau of Home Furnishings and Thermal Insulation.
(14) The Board of Registered Nursing.
(15) The State Board of Chiropractic Examiners.
(16) The Board of Behavioral Science Examiners.
(17) The State Athletic Commission.
(18) The Cemetery Program.
(19) The State Board of Guide Dogs for the Blind.
(20) The Bureau of Security and Investigative Services.
(21) The Court Reporters Board of California.
(22) The Board of Vocational Nursing and Psychiatric Technicians
of the State of California.
(23) The Osteopathic Medical Board of California.
(24) The Division of Investigation.
(25) The Bureau of Automotive Repair.
(26) The State Board for Geologists and Geophysicists.
(27) The Department of Alcoholic Beverage Control.
(28) The Department of Insurance.
(29) The Public Utilities Commission.
(30) The State Department of Health Services.
(31) The New Motor Vehicle Board.
(32) The California Registered Interior Designers Board.
SEC. 4. SEC. 5. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
