S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9260

                          I N  A S S E M B L Y

                              April 4, 2014
                               ___________

Introduced by M. of A. O'DONNELL, COOK, CRESPO, GOTTFRIED, JAFFEE, McDO-
  NOUGH,  MONTESANO,  RIVERA,  SKOUFIS -- Multi-Sponsored by -- M. of A.
  GALEF, KEARNS, MARKEY, MILLER, MOSLEY, WEISENBERG  --  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;  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:

  Section  1.  Section  8302  of the education law is REPEALED and a new
section 8302 is added to read as follows:
  S  8302.  SPECIAL   PROVISIONS:   SEALS;   AUTHORIZATION   TO   SUBMIT
CONSTRUCTION  DOCUMENTS.  1. (A) THE BOARD SHALL PRESCRIBE, BY RULE, ONE
OR MORE FORMS OF SEALS TO BE USED BY CERTIFIED INTERIOR DESIGNERS  HOLD-
ING VALID LICENSURE UNDER THIS ARTICLE.
  (B) EACH CERTIFIED INTERIOR DESIGNER SHALL OBTAIN ONE SEAL IN THE FORM
APPROVED  BY RULES OF THE BOARD. ALL ORIGINAL CONSTRUCTION DOCUMENTS AND
INSTRUMENTS OF SERVICE INCLUDING  DRAWINGS,  PLANS,  SPECIFICATIONS,  OR
REPORTS  PREPARED  OR  ISSUED BY THE CERTIFIED INTERIOR DESIGNER OR BY A
FULL-TIME OR PART-TIME SUBORDINATE EMPLOYED  UNDER  HIS  OR  HER  SUPER-
VISION,  AND BEING FILED WITH PUBLIC OFFICIALS SHALL BEAR THE SIGNATURE,
DATE AND SEAL  OF  THE  CERTIFIED  INTERIOR  DESIGNER  WHO  PREPARED  OR
APPROVED THE DOCUMENT AND THE DATE ON WHICH THEY WERE SEALED.
  (C)  NO  CERTIFIED  INTERIOR  DESIGNER  SHALL  AFFIX,  OR PERMIT TO BE
AFFIXED, HIS OR HER SEAL OR SIGNATURE TO ANY PLAN, SPECIFICATION,  DRAW-
ING,  OR OTHER DOCUMENT WHICH DEPICTS WORK WHICH HE OR SHE IS NOT COMPE-
TENT OR LICENSED TO PERFORM.
  (D) NO CERTIFIED INTERIOR DESIGNER SHALL AFFIX HIS OR HER SIGNATURE OR
SEAL TO ANY PLANS, SPECIFICATIONS, OR DOCUMENTS WHICH WERE NOT  PREPARED
BY  HIM OR HER OR UNDER HIS OR HER RESPONSIBLE SUPERVISING CONTROL OR BY
ANOTHER CERTIFIED INTERIOR DESIGNER AND REVIEWED, APPROVED  OR  MODIFIED
AND  ADOPTED  BY  HIM  OR  HER AS HIS OR HER OWN WORK ACCORDING TO RULES
ADOPTED BY THE BOARD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14595-01-4
              

A. 9260                             2

  2. NOTWITHSTANDING PROVISIONS OF LAW  TO  THE  CONTRARY,  A  CERTIFIED
INTERIOR  DESIGNER  WITH  A  VALID  LICENSE OR LIMITED PERMIT UNDER THIS
ARTICLE MAY SUBMIT SEALED, STAMPED CONSTRUCTION  DOCUMENTS  AND  INSTRU-
MENTS  OF SERVICE WITHIN THEIR DEFINITION OF PRACTICE TO ANY OFFICIAL OF
THIS STATE OR ANY CITY, TOWN OR COUNTY CHARGED WITH ENFORCEMENT OF LAWS,
ORDINANCES,  OR REGULATIONS. NO OFFICIAL 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 PRAC-
TICES, SHALL REJECT OR DENY ANY PLANS OR  SPECIFICATIONS  FOR  THE  SOLE
REASON THAT THEY ARE STAMPED:
  (A)  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
  (B)  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
COUNTRY, 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.
  3. TO ALL PLANS, SPECIFICATIONS, CONSTRUCTION  DOCUMENTS  AND  INSTRU-
MENTS  OF SERVICE TO WHICH THE SEAL OF A CERTIFIED INTERIOR DESIGNER HAS
BEEN APPLIED, THERE SHALL ALSO BE APPLIED A STAMP WITH APPROPRIATE WORD-
ING, WARNING THAT IT IS A VIOLATION OF THIS LAW FOR ANY  PERSON,  UNLESS
HE  OR SHE IS ACTING UNDER THE DIRECTION OF A CERTIFIED INTERIOR DESIGN-
ER, TO ALTER THEM IN ANY WAY. IF AN ITEM BEARING THE SEAL OF A CERTIFIED
INTERIOR DESIGNER IS ALTERED, THE ALTERING CERTIFIED  INTERIOR  DESIGNER
SHALL  AFFIX  TO  THE  ITEM  HIS OR HER SEAL AND THE NOTION "ALTERED BY"
FOLLOWED WITH HIS OR HER SIGNATURE AND THE DATE OF SUCH ALTERATION,  AND
A SPECIFIC DESCRIPTION OF THE ALTERATION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.