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
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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:
Section 1. Section 8300 of the education law, as added by chapter 905
of the laws of 1990, is amended to read as follows:
S 8300. Application. This article applies to the [use of a title by a
certified interior designer] PRACTICE OF CERTIFIED INTERIOR DESIGN. The
general provisions for all professions contained in article one hundred
thirty of this title apply to this article.
S 2. Section 8301 of the education law, as added by chapter 905 of the
laws of 1990, is amended to read as follows:
S 8301. [Use] PRACTICE OF CERTIFIED INTERIOR DESIGN AND USE of the
title "certified interior designer". Only a person certified pursuant
to this article may PRACTICE CERTIFIED INTERIOR DESIGN AND use the title
"certified interior designer". Authorization contained within this
article to PRACTICE CERTIFIED INTERIOR DESIGN AND use the title "certi-
fied interior designer" shall not be construed to permit the practice of
engineering, as described in article one hundred forty-five of this
title, or the practice of architecture, as described in article one
hundred forty-seven of this title, by persons not otherwise authorized
to engage in such practices.
S 3. Section 8302 of the education law is REPEALED and a new section
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
S 8302. SPECIAL PROVISIONS. EVERY CERTIFIED INTERIOR DESIGNER SHALL
HAVE A SEAL, APPROVED BY THE BOARD, WHICH SHALL CONTAIN THE NAME OF THE
CERTIFIED INTERIOR DESIGNER AND EITHER THE WORDS "CERTIFIED INTERIOR
DESIGNER" OR SUCH OTHER WORDS OR FIGURES AS THE BOARD MAY DEEM NECES-
SARY. ALL WORKING DRAWINGS AND SPECIFICATIONS, PREPARED BY SUCH CERTI-
FIED INTERIOR DESIGNER OR BY A FULL-TIME OR PART-TIME SUBORDINATE
EMPLOYED UNDER HIS OR HER SUPERVISION, SHALL BE STAMPED WITH SUCH SEAL
AND SHALL ALSO BE SIGNED ON THE ORIGINAL WITH THE PERSONAL SIGNATURE OF
SUCH CERTIFIED INTERIOR DESIGNER WHEN FILED WITH PUBLIC OFFICIALS.
EXCEPT FOR PLANS AND SPECIFICATIONS EXCLUDED FROM THE PROVISIONS OF THIS
ARTICLE BY SECTION EIGHTY-THREE HUNDRED SIX-A OF THIS ARTICLE, NO OFFI-
CIAL OF THIS STATE, OR OF ANY COUNTY, CITY, TOWN OR VILLAGE THEREIN,
CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS RELATING
TO CERTIFIED INTERIOR DESIGN PRACTICES, SHALL ACCEPT OR APPROVE ANY
PLANS OR SPECIFICATIONS THAT ARE NOT STAMPED:
1. WITH THE SEAL OF A CERTIFIED INTERIOR DESIGNER REGISTERED IN THIS
STATE AND BEARING THE AUTHORIZED FACSIMILE OF THE SIGNATURE OF SUCH
CERTIFIED INTERIOR DESIGNER; OR
2. WITH THE OFFICIAL SEAL AND AUTHORIZED FACSIMILE OF THE SIGNATURE OF
A CERTIFIED INTERIOR DESIGNER NOT A RESIDENT OF THIS STATE, BUT WHO IS
LEGALLY QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN STATE OR COUN-
TRY, PROVIDED THAT SUCH PERSON HOLDS A LIMITED PERMIT ISSUED BY THE
DEPARTMENT, AND PROVIDED FURTHER THAT THE PLANS OR SPECIFICATIONS ARE
ACCOMPANIED BY AND HAVE ATTACHED THERETO WRITTEN AUTHORIZATION ISSUED BY
THE DEPARTMENT FOR THE SPECIFIC PROJECT.
S 4. The education law is amended by adding a new section 8303-a to
read as follows:
S 8303-A. PRACTICE OF CERTIFIED INTERIOR DESIGN. IN ADDITION TO THE
SERVICES DEFINED IN SECTION EIGHTY-THREE HUNDRED THREE OF THIS ARTICLE,
A CERTIFIED INTERIOR DESIGNER MAY, IF REQUIRED BY A PERMITTING BODY,
SUBMIT, FOR THE ISSUANCE OF A BUILDING PERMIT FOR INTERIOR CONSTRUCTION,
INTERIOR DESIGN DOCUMENTS WHICH PERTAIN TO THE PLANNING AND DESIGN OF
INTERIOR SPACES INCLUDING FURNISHINGS, LAYOUTS, FIXTURES, CABINETRY,
LIGHTING, FINISHES, MATERIALS, AND INTERIOR CONSTRUCTION NOT MATERIALLY
RELATED TO OR MATERIALLY AFFECTING THE BUILDING SYSTEMS, ALL OF WHICH
SHALL COMPLY WITH APPLICABLE LAWS, CODES, REGULATIONS, AND STANDARDS.
THE SCOPE OF WORK DESCRIBED IN THIS SECTION SHALL NOT BE CONSTRUED AS
AUTHORIZING THE PLANNING AND DESIGN OF ENGINEERING AND ARCHITECTURAL
INTERIOR CONSTRUCTION AS RELATED TO THE BUILDING SYSTEMS, INCLUDING
STRUCTURAL, ELECTRICAL, PLUMBING, HEATING, VENTILATING, AIR CONDITIONING
OR MECHANICAL SYSTEMS AND SHALL NOT BE CONSTRUED AS AUTHORIZING THE
PRACTICE OF ENGINEERING OR ARCHITECTURE AS DESCRIBED IN ARTICLE ONE
HUNDRED FORTY-FIVE OR ONE HUNDRED FORTY-SEVEN OF THIS TITLE. THE INTERI-
OR DESIGN PLANS AS DESCRIBED ABOVE ARE NOT TO BE CONSTRUED AS THOSE
REQUIRED TO BE FILED WITH LOCAL MUNICIPALITIES OR BUILDING DEPARTMENTS
AS REQUIRED BY THIS CHAPTER REGULATING THE PRACTICES OF ARCHITECTURE OR
ENGINEERING.
S 5. Subdivision 1 of section 8306 of the education law, as added by
chapter 905 of the laws of 1990, is amended to read as follows:
1. On recommendation of the board, the department may issue a limited
permit, valid for a period of two years and renewable once on the recom-
mendation of the board, for PRACTICE OF CERTIFIED INTERIOR DESIGN AND
use of the title "certified interior designer" in accordance with this
article by one who is not a resident of this state and has no estab-
lished business in this state. This individual shall (a) be qualified to
practice or engage, under such title, in the practice of interior design
S. 4660 3 A. 6717
in his or her own country or state, (b) submit evidence satisfactory to
the board of established and recognized professional standing in his or
her own country or state, and (c) submit satisfactory certifications as
to his or her qualifications.
S 6. The education law is amended by adding a new section 8306-a to
read as follows:
S 8306-A. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO
AFFECT OR PREVENT:
1. THE PREPARATION OF DETAILS AND SHOP DRAWINGS BY PERSONS, OTHER THAN
CERTIFIED INTERIOR DESIGNERS, FOR USE IN CONNECTION WITH THE EXECUTION
OF THEIR WORK.
2. EMPLOYEES OF THOSE LAWFULLY PRACTICING AS CERTIFIED INTERIOR
DESIGNERS UNDER THE PROVISIONS OF THIS ARTICLE FROM ACTING UNDER THE
INSTRUCTION, CONTROL AND SUPERVISION OF THEIR EMPLOYERS.
3. BUILDERS, OR SUPERINTENDENTS EMPLOYED BY SUCH BUILDERS, FROM SUPER-
VISING THE CONSTRUCTION OR STRUCTURAL ALTERATION OF BUILDINGS OR STRUC-
TURES.
4. THE PRACTICE OF ARCHITECTURE, ENGINEERING OR LAND SURVEYING BY AN
ARCHITECT, ENGINEER OR LAND SURVEYOR LICENSED IN THIS STATE, OR THE
PRACTICE OF LANDSCAPE ARCHITECTURE BY A LANDSCAPE ARCHITECT LICENSED IN
THIS STATE, PROVIDED THAT NO SUCH ARCHITECT, ENGINEER, LAND SURVEYOR OR
LANDSCAPE ARCHITECT SHALL USE THE DESIGNATION "CERTIFIED INTERIOR
DESIGNER" OR "CERTIFIED INTERIOR DESIGN" UNLESS REGISTERED AS A CERTI-
FIED INTERIOR DESIGNER IN THIS STATE.
5. CONTRACTORS OR BUILDERS FROM ENGAGING IN CONSTRUCTION MANAGEMENT
AND ADMINISTRATION OF CONSTRUCTION CONTRACTS.
6. A CONSULTANT RETAINED BY A CERTIFIED INTERIOR DESIGNER FROM PROVID-
ING CONSULTATION.
7. A PERSON FROM PREPARING DRAWINGS OF THE LAYOUT OF MATERIALS OR
FURNISHINGS USED IN CERTIFIED INTERIOR DESIGN OR PROVIDING ASSISTANCE IN
THE SELECTION OF MATERIALS OR FURNISHINGS USED IN CERTIFIED 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
ARTICLE PURSUANT TO THIS PARAGRAPH 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, WALL COVERINGS, 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.
8. AN EMPLOYEE OF A RETAIL ESTABLISHMENT FROM PROVIDING CONSULTATION
REGARDING INTERIOR DECORATION OR FURNISHINGS ON THE PREMISES OF THE
RETAIL ESTABLISHMENT OR IN THE FURTHERANCE OF A RETAIL SALE OR PROSPEC-
TIVE RETAIL SALE.
9. 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 OF WOODFRAME
CONSTRUCTION NOT MORE THAN TWO STORIES AND BASEMENT IN HEIGHT.
S. 4660 4 A. 6717
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.
S 7. Paragraph e of subdivision 1 of section 7306 of the education
law, as added by chapter 994 of the laws of 1971, is amended to read as
follows:
e. The practice of engineering or land surveying by an engineer or
land surveyor licensed in this state, or the practice of landscape
architecture by a landscape architect licensed in this state, OR THE
PRACTICE OF CERTIFIED INTERIOR DESIGN BY A CERTIFIED INTERIOR DESIGNER
REGISTERED IN THIS STATE, provided that no such engineer, land surveyor
[or], landscape architect OR CERTIFIED INTERIOR DESIGNER shall use the
designation "architect," or "architectural" or "architecture" unless
licensed as an architect in this state.
S 8. This act shall take effect on the thirtieth day after it shall
have become a law.