senate Bill S7360

2013-2014 Legislative Session

Relates to the practice of certified interior design; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2014 referred to higher education

S7360 - Bill Details

See Assembly Version of this Bill:
A9260
Current Committee:
Law Section:
Education Law
Laws Affected:
Rpld & add ยง8302, Ed L

S7360 - Bill Texts

view summary

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

view sponsor 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7360

                            I N  S E N A T E

                              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-

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

S. 7360                             2

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.