A09260 Summary:

BILL NOA09260
 
SAME ASSAME AS S07360
 
SPONSORO'Donnell (MS)
 
COSPNSRCook, Crespo, Gottfried, Jaffee, McDonough, Montesano, Rivera, Skoufis
 
MLTSPNSRGalef, Kearns, Markey, Miller, Mosley, Weisenberg
 
Rpld & add S8302, Ed L
 
Regulates the practice of certified interior design including the use of proper seals and construction documents.
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A09260 Actions:

BILL NOA09260
 
04/04/2014referred to higher education
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A09260 Floor Votes:

There are no votes for this bill in this legislative session.
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A09260 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9260
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section  1.  Section  8302  of the education law is REPEALED and a new
     2  section 8302 is added to read as follows:
     3    §  8302.  Special   provisions:   seals;   authorization   to   submit
     4  construction  documents.  1. (a) The board shall prescribe, by rule, one
     5  or more forms of seals to be used by certified interior designers  hold-
     6  ing valid licensure under this article.
     7    (b) Each certified interior designer shall obtain one seal in the form
     8  approved  by rules of the board. All original construction documents and
     9  instruments of service including  drawings,  plans,  specifications,  or

    10  reports  prepared  or  issued by the certified interior designer or by a
    11  full-time or part-time subordinate employed  under  his  or  her  super-
    12  vision,  and being filed with public officials shall bear the signature,
    13  date and seal  of  the  certified  interior  designer  who  prepared  or
    14  approved the document and the date on which they were sealed.
    15    (c)  No  certified  interior  designer  shall  affix,  or permit to be
    16  affixed, his or her seal or signature to any plan, specification,  draw-
    17  ing,  or other document which depicts work which he or she is not compe-
    18  tent or licensed to perform.
    19    (d) No certified interior designer shall affix his or her signature or
    20  seal to any plans, specifications, or documents which were not  prepared

    21  by  him or her or under his or her responsible supervising control or by
    22  another certified interior designer and reviewed, approved  or  modified
    23  and  adopted  by  him  or  her as his or her own work according to rules
    24  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
 
     1    2. Notwithstanding provisions of law  to  the  contrary,  a  certified
     2  interior  designer  with  a  valid  license or limited permit under this
     3  article may submit sealed, stamped construction  documents  and  instru-

     4  ments  of service within their definition of practice to any official of
     5  this state or any city, town or county charged with enforcement of laws,
     6  ordinances,  or regulations. No official of this state or of any county,
     7  city, town or village therein, charged with  the  enforcement  of  laws,
     8  ordinances  or  regulations  relating to certified interior design prac-
     9  tices, shall reject or deny any plans or  specifications  for  the  sole
    10  reason that they are stamped:
    11    (a)  with the seal of a certified interior designer registered in this
    12  state and bearing the authorized facsimile  of  the  signature  of  such
    13  certified interior designer; or
    14    (b)  with  the official seal and authorized facsimile of the signature

    15  of a certified interior designer not a resident of this state,  but  who
    16  is  legally  qualified  to  practice  as such in his or her own state or
    17  country, provided that such person holds a limited permit issued by  the
    18  department,  and  provided  further that the plans or specifications are
    19  accompanied by and have attached thereto written authorization issued by
    20  the department for the specific project.
    21    3. To all plans, specifications, construction  documents  and  instru-
    22  ments  of service to which the seal of a certified interior designer has
    23  been applied, there shall also be applied a stamp with appropriate word-
    24  ing, warning that it is a violation of this law for any  person,  unless

    25  he  or she is acting under the direction of a certified interior design-
    26  er, to alter them in any way. If an item bearing the seal of a certified
    27  interior designer is altered, the altering certified  interior  designer
    28  shall  affix  to  the  item  his or her seal and the notion "altered by"
    29  followed with his or her signature and the date of such alteration,  and
    30  a specific description of the alteration.
    31    §  2.  This  act shall take effect on the thirtieth day after it shall
    32  have become a law.
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