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S01137 Summary:

Rpld & add §8302, Ed L
Regulates the practice of certified interior design including the use of proper seals and construction documents.
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S01137 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                     January 8, 2015
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education -- recom-
          mitted to the Committee on Higher Education in accordance with  Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted 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:
     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 Section 8302 of the education law is  REPEALED  and  a  new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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1137--A                          2
     1  another  certified  interior designer and reviewed, approved or modified
     2  and adopted by him or her as his or her  own  work  according  to  rules
     3  adopted by the board.
     4    2.  Notwithstanding  provisions  of  law  to the contrary, a certified
     5  interior designer with a valid license  or  limited  permit  under  this
     6  article  may  submit  sealed, stamped construction documents and instru-
     7  ments of service within their definition of practice to any official  of
     8  this state or any city, town or county charged with enforcement of laws,
     9  ordinances,  or regulations. No official of this state or of any county,
    10  city, town or village therein, charged with  the  enforcement  of  laws,
    11  ordinances  or  regulations  relating to certified interior design prac-
    12  tices, shall reject or deny any plans or  specifications  for  the  sole
    13  reason that they are stamped:
    14    (a)  with the seal of a certified interior designer registered in this
    15  state and bearing the authorized facsimile  of  the  signature  of  such
    16  certified interior designer; or
    17    (b)  with  the official seal and authorized facsimile of the signature
    18  of a certified interior designer not a resident of this state,  but  who
    19  is  legally  qualified  to  practice  as such in his or her own state or
    20  country, provided that such person holds a limited permit issued by  the
    21  department,  and  provided  further that the plans or specifications are
    22  accompanied by and have attached thereto written authorization issued by
    23  the department for the specific project.
    24    3. To all plans, specifications, construction  documents  and  instru-
    25  ments  of service to which the seal of a certified interior designer has
    26  been applied, there shall also be applied a stamp with appropriate word-
    27  ing, warning that it is a violation of this law for any  person,  unless
    28  he  or she is acting under the direction of a certified interior design-
    29  er, to alter them in any way. If an item bearing the seal of a certified
    30  interior designer is altered, the altering certified  interior  designer
    31  shall  affix  to  the  item  his or her seal and the notion "altered by"
    32  followed with his or her signature and the date of such alteration,  and
    33  a specific description of the alteration.
    34    4. Nothing contained in this section shall be construed to authorize a
    35  certified   interior   designer   to   submit   plans,   specifications,
    36  construction documents and instruments of service that  are  outside  of
    37  the  definition  of  practice of interior design as described in section
    38  eighty-three hundred three of this article.
    39    5. Nothing contained in article one hundred forty-five or article  one
    40  hundred forty-seven of this title shall be construed to prevent a certi-
    41  fied   interior   designer   from   submitting   plans,  specifications,
    42  construction documents and instruments of service that  are  within  the
    43  definition  of  practice  of  interior  design,  as described in section
    44  eighty-three hundred three of this article,  to  any  official  of  this
    45  state or of any county, city, town or village.
    46    §  2.  This  act shall take effect on the thirtieth day after it shall
    47  have become a law.
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