S T A T E O F N E W Y O R K
________________________________________________________________________
864--A
2017-2018 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Section 8302 of the education law is REPEALED and a new
section 8302 is added to read as follows:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00878-02-7
A. 864--A 2
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.
4. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE A
CERTIFIED INTERIOR DESIGNER TO SUBMIT PLANS, SPECIFICATIONS,
CONSTRUCTION DOCUMENTS AND INSTRUMENTS OF SERVICE THAT ARE OUTSIDE OF
THE DEFINITION OF PRACTICE OF INTERIOR DESIGN AS DESCRIBED IN SECTION
EIGHTY-THREE HUNDRED THREE OF THIS ARTICLE.
5. NOTHING CONTAINED IN ARTICLE ONE HUNDRED FORTY-FIVE OR ARTICLE ONE
HUNDRED FORTY-SEVEN OF THIS TITLE SHALL BE CONSTRUED TO PREVENT A CERTI-
FIED INTERIOR DESIGNER FROM SUBMITTING PLANS, SPECIFICATIONS,
CONSTRUCTION DOCUMENTS AND INSTRUMENTS OF SERVICE THAT ARE WITHIN THE
DEFINITION OF PRACTICE OF INTERIOR DESIGN, AS DESCRIBED IN SECTION
EIGHTY-THREE HUNDRED THREE OF THIS ARTICLE, TO ANY OFFICIAL OF THIS
STATE OR OF ANY COUNTY, CITY, TOWN OR VILLAGE.
§ 2. The education law is amended by adding a new section 8302-a to
read as follows:
§ 8302-A. CONTINUING EDUCATION; RENEWAL OR RESTORATION OF THE TITLE
"CERTIFIED INTERIOR DESIGNER". 1. AN APPLICANT FOR RENEWAL OF REGISTRA-
TION FOR CERTIFICATION TO USE THE TITLE "CERTIFIED INTERIOR DESIGNER"
SHALL SUBMIT PROOF, AS DETERMINED BY THE BOARD, OF HAVING COMPLETED
TWENTY-FOUR CONTINUING EDUCATION UNITS FROM A BOARD APPROVED CONTINUING
EDUCATION PROVIDER DURING THE TERM OF THEIR REGISTRATION. AN APPLICANT
SHALL PROVE COMPLETION OF CONTINUING EDUCATION UNITS BY SUBMITTING WITH
THE RENEWAL APPLICATION THE FOLLOWING INFORMATION:
A. 864--A 3
(A) OFFICIAL DOCUMENTATION FROM A CONTINUING EDUCATION UNIT PROVIDER
THAT SHALL INCLUDE:
(I) THE NAME AND ADDRESS OF THE CONTINUING EDUCATION UNIT PROVIDER;
(II) THE DATE OR DATES ON WHICH THE APPLICANT ATTENDED THE PROVIDER'S
CONTINUING EDUCATION UNIT COURSE;
(III) THE NAME OF THE CONTINUING EDUCATION UNIT AND A DESCRIPTION OF
THE SUBJECT MATTER COVERED; AND
(IV) THE HOURS OF CREDIT EARNED BY THE APPLICANT DUE TO THEIR SUCCESS-
FUL COMPLETION OF THE CONTINUING EDUCATION UNIT; AND
(B) SATISFACTORY DOCUMENTATION THAT A COMBINED TOTAL OF AT LEAST
SIXTEEN CONTINUING EDUCATION UNIT'S ADDRESSED ONE OR MORE OF THE FOLLOW-
ING SUBJECT MATTERS:
(I) THE HEALTH, WELLNESS OR OVERALL CONSUMER PROTECTION OF BUILDING
OCCUPANTS;
(II) PUBLIC SAFETY, WITH AN EMPHASIS ON THE IMPACT AND APPLICATION OF
THE STATE, COUNTY, AND LOCAL BUILDING CODES, ESPECIALLY THOSE PERTAINING
TO FIRE SAFETY WITHIN INTERIOR SPACES OF A BUILDING AND/OR STRUCTURE;
AND
(III) THE IMPACT AND APPLICATION OF THE AMERICANS WITH DISABILITIES
ACT AND NEW YORK STATE, COUNTY, AND LOCAL ACCESSIBILITY STANDARDS, ORDI-
NANCES, LAWS, AND REGULATIONS PERTAINING TO ACCESSIBILITY.
2. AN INDIVIDUAL WITH AN EXPIRED REGISTRATION OF MORE THAN ONE YEAR
SEEKING TO RESTORE SUCH REGISTRATION SHALL BE REQUIRED TO MEET THE SAME
CONTINUING EDUCATION REQUIREMENTS AS INDIVIDUALS APPLYING FOR RENEWAL OF
THEIR REGISTRATION PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
3. THE BOARD MAY APPROVE ONLY THOSE CONTINUING EDUCATION PROVIDERS
THAT HAVE SUBSTANTIAL EXPERIENCE AND AN ESTABLISHED RECORD OF OFFERING
AND PROVIDING CONTINUING EDUCATION UNIT COURSE OFFERINGS ON AN ANNUAL
BASIS THAT CONTRIBUTE TO INDIVIDUALS' GROWTH OF PROFESSIONAL COMPETENCE
IN THE PRACTICE OF INTERIOR DESIGN AS IT PERTAINS TO UPHOLDING HEALTH,
SAFETY AND WELFARE WITHIN INTERIOR SPACES OF A BUILDING OR STRUCTURE.
4. (A) THE BOARD MAY, IN ITS DISCRETION, GRANT EXTENSIONS OF NO MORE
THAN ONE YEAR FOR RENEWAL AFTER EXPIRATION OF AN APPLICANT'S REGISTRA-
TION, IF SUCH APPLICANT'S FAILURE TO SUBMIT PROOF OF COMPLETION OF
REQUIRED CONTINUING EDUCATION UNIT'S WAS DUE TO AN EMERGENCY OR HARDSHIP
INCLUDING, BUT NOT LIMITED TO:
(I) SERIOUS AND PROTRACTED ILLNESS OF THE APPLICANT;
(II) THE DEATH OR SERIOUS AND PROTRACTED ILLNESS OF A MEMBER OF THE
APPLICANT'S IMMEDIATE FAMILY; OR
(III) THE APPLICANT AND OR THE APPLICANT'S SPOUSE BEING ON EXTENDED
ACTIVE MILITARY DUTY.
(B) AN EXTENSION GRANTED UNDER THIS SUBDIVISION SHALL NOT RELIEVE A
CERTIFIED INTERIOR DESIGNER FROM COMPLYING WITH THE CONTINUING EDUCATION
REQUIREMENTS TO RENEW THEIR REGISTRATION PROVIDED FOR IN THIS SECTION.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.