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 Section 8302 of the education law is REPEALED and a new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.