Bill Text: NY A00864 | 2017-2018 | General Assembly | Amended

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Bill Title: Regulates the practice of certified interior design including the use of proper seals and construction documents and requirements for renewal or restoration of the title "certified interior designer".

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A00864 Detail]

Download: New_York-2017-A00864-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         864--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of  A.  JAFFEE,  O'DONNELL,  SKOUFIS, RIVERA, GALEF,
          GUNTHER, D'URSO, ORTIZ, CRESPO, MONTESANO,  HOOPER,  BARRON,  DICKENS,
          HARRIS,  SEAWRIGHT  --  Multi-Sponsored  by -- M. of A. COOK, SIMON --
          read once and referred to the Committee on Higher Education -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
        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  Section  8302  of the education law is REPEALED and a new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    §  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00878-02-7
        A. 864--A                           2
     1  by  him or her or under his or her responsible supervising control or by
     2  another certified interior designer and reviewed, approved  or  modified
     3  and  adopted  by  him  or  her as his or her own work according to rules
     4  adopted by the board.
     5    2.  Notwithstanding  provisions  of  law  to the contrary, a certified
     6  interior designer with a valid license  or  limited  permit  under  this
     7  article  may  submit  sealed, stamped construction documents and instru-
     8  ments of service within their definition of practice to any official  of
     9  this state or any city, town or county charged with enforcement of laws,
    10  ordinances,  or regulations. No official of this state or of any county,
    11  city, town or village therein, charged with  the  enforcement  of  laws,
    12  ordinances  or  regulations  relating to certified interior design prac-
    13  tices, shall reject or deny any plans or  specifications  for  the  sole
    14  reason that they are stamped:
    15    (a)  with the seal of a certified interior designer registered in this
    16  state and bearing the authorized facsimile  of  the  signature  of  such
    17  certified interior designer; or
    18    (b)  with  the official seal and authorized facsimile of the signature
    19  of a certified interior designer not a resident of this state,  but  who
    20  is  legally  qualified  to  practice  as such in his or her own state or
    21  country, provided that such person holds a limited permit issued by  the
    22  department,  and  provided  further that the plans or specifications are
    23  accompanied by and have attached thereto written authorization issued by
    24  the department for the specific project.
    25    3. To all plans, specifications, construction  documents  and  instru-
    26  ments  of service to which the seal of a certified interior designer has
    27  been applied, there shall also be applied a stamp with appropriate word-
    28  ing, warning that it is a violation of this law for any  person,  unless
    29  he  or she is acting under the direction of a certified interior design-
    30  er, to alter them in any way. If an item bearing the seal of a certified
    31  interior designer is altered, the altering certified  interior  designer
    32  shall  affix  to  the  item  his or her seal and the notion "altered by"
    33  followed with his or her signature and the date of such alteration,  and
    34  a specific description of the alteration.
    35    4. Nothing contained in this section shall be construed to authorize a
    36  certified   interior   designer   to   submit   plans,   specifications,
    37  construction documents and instruments of service that  are  outside  of
    38  the  definition  of  practice of interior design as described in section
    39  eighty-three hundred three of this article.
    40    5. Nothing contained in article one hundred forty-five or article  one
    41  hundred forty-seven of this title shall be construed to prevent a certi-
    42  fied   interior   designer   from   submitting   plans,  specifications,
    43  construction documents and instruments of service that  are  within  the
    44  definition  of  practice  of  interior  design,  as described in section
    45  eighty-three hundred three of this article,  to  any  official  of  this
    46  state or of any county, city, town or village.
    47    §  2.  The  education law is amended by adding a new section 8302-a to
    48  read as follows:
    49    § 8302-a. Continuing education; renewal or restoration  of  the  title
    50  "certified  interior designer". 1. An applicant for renewal of registra-
    51  tion for certification to use the title  "certified  interior  designer"
    52  shall  submit  proof,  as  determined  by the board, of having completed
    53  twenty-four continuing education units from a board approved  continuing
    54  education  provider  during the term of their registration. An applicant
    55  shall prove completion of continuing education units by submitting  with
    56  the renewal application the following information:
        A. 864--A                           3
     1    (a)  Official  documentation from a continuing education unit provider
     2  that shall include:
     3    (i) The name and address of the continuing education unit provider;
     4    (ii)  The date or dates on which the applicant attended the provider's
     5  continuing education unit course;
     6    (iii) The name of the continuing education unit and a  description  of
     7  the subject matter covered; and
     8    (iv) The hours of credit earned by the applicant due to their success-
     9  ful completion of the continuing education unit; and
    10    (b)  Satisfactory  documentation  that  a  combined  total of at least
    11  sixteen continuing education unit's addressed one or more of the follow-
    12  ing subject matters:
    13    (i) The health, wellness or overall consumer  protection  of  building
    14  occupants;
    15    (ii)  Public safety, with an emphasis on the impact and application of
    16  the state, county, and local building codes, especially those pertaining
    17  to fire safety within interior spaces of a  building  and/or  structure;
    18  and
    19    (iii)  The  impact  and application of the Americans with Disabilities
    20  Act and New York state, county, and local accessibility standards, ordi-
    21  nances, laws, and regulations pertaining to accessibility.
    22    2. An individual with an expired registration of more  than  one  year
    23  seeking  to restore such registration shall be required to meet the same
    24  continuing education requirements as individuals applying for renewal of
    25  their registration provided in subdivision one of this section.
    26    3. The board may approve only  those  continuing  education  providers
    27  that  have  substantial experience and an established record of offering
    28  and providing continuing education unit course offerings  on  an  annual
    29  basis  that contribute to individuals' growth of professional competence
    30  in the practice of interior design as it pertains to  upholding  health,
    31  safety and welfare within interior spaces of a building or structure.
    32    4.  (a)  The board may, in its discretion, grant extensions of no more
    33  than one year for renewal after expiration of an  applicant's  registra-
    34  tion,  if  such  applicant's  failure  to  submit proof of completion of
    35  required continuing education unit's was due to an emergency or hardship
    36  including, but not limited to:
    37    (i) Serious and protracted illness of the applicant;
    38    (ii) The death or serious and protracted illness of a  member  of  the
    39  applicant's immediate family; or
    40    (iii)  The  applicant  and or the applicant's spouse being on extended
    41  active military duty.
    42    (b) An extension granted under this subdivision shall  not  relieve  a
    43  certified interior designer from complying with the continuing education
    44  requirements to renew their registration provided for in this section.
    45    § 3. This act shall take effect on the one hundred twentieth day after
    46  it shall have become a law.