Bill S7360-2013

Relates to the practice of certified interior design; repealer

Regulates the practice of certified interior design including the use of proper seals and construction documents.

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  • May 14, 2014: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S7360

TITLE OF BILL: An act to amend the education law, in relation to the practice of certified interior design; and repealing certain provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

This bill would help New York certified interior designers, many of whom are small business owners, stay competitive with Interior designers In neighboring states by allowing them to use signing authority that they have under existing law to stamp and seal documents that are submitted to public officials.

SUMMARY OF PROVISIONS:

Section one of the bill establishes a new Section 8302 of the Education Law to provide an amendment allowing certified Interior designers to utilize current signing authority and obtain seal privileges prescribed by the State Board for Interior Design for all documents and instruments of service filed with public officials.

In addition, Section one of the bill provides for a warning to be placed upon the stamped documents along with the seal and that it is a violation for anyone other than the Certified Interior Designer or someone acting under their direction to alter the seal.

Section two of the bill provides for an effective date thirty days after having become law.

JUSTIFICATION:

This bill amends the Education Law to provide stamp and seal privileges to New York State Certified Interior Designers that is a privilege presently provided for and exercised by many other state recognized interior designers (including the contiguous states of Connecticut and New Jersey and other states including Alabama, California, Colorado, Florida, Georgia, Kentucky, Louisiana, Maryland, Minnesota, Nevada, Texas, and Virginia, as well as Puerto Rico and the District of Columbia).

Chapter 905 of the Laws of 1990 provided for the certification of Interior Designers by the State Education Department. Recent data from the US Bureau of Labor statistics indicate that New York State interior designers account for over 10 percent of the total $10 billion generated nationwide from this industry. Equally important, this industry is driven by mostly women owned small companies, with five employees or less, which make up over 75% of the interior designer businesses.

Under current law, Certified Interior Designers must outsource permitting for nonstructural changes that do not impact building services or building envelope for which they are currently authorized and regulated by the State Education Department, resulting in higher costs for the consumer and perpetuating an unfriendly business climate. This bill would allow these services to be provided in house, resulting in savings to the consumer and the public, maintaining

appropriate protection to the public, and consistent with the present statutory authority of this profession in the Education Law.

These changes would provide Certified Interior Designers the ability to utilize their current statutory authority consistent with their professional expertise, education and experience.

Moreover, this refinement would ensure that New York State keep pace with other states and remain competitive with those states that currently allow for stamp and seal privileges.

The modification advanced in this bill will have a positive impact on the economic and business climate of New York State. It will also allow Certified Interior Designers, especially those concentrated in the Metro New York area and who are small business owners, to seek additional opportunities, such as expanding those small owned businesses, enhancing interior design students' future, and ensuring trust with clients (or consumers).

LEGISLATIVE HISTORY:

2013-2014 Assembly A9260(O'Donnell)

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect 30 days after having become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7360 IN SENATE May 14, 2014 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed 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. 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.

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