Assembly Bill No. 258

Assembly Bill No. 258-Assemblymen Dini and Perkins

March 12, 1997
____________

Referred to Committee on Commerce

SUMMARY--Establishes practice of constructive interior design. (BDR 54-565)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to interior design; establishing the practice of constructive interior design; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 NRS 623.019 is hereby amended to read as follows:
623.019"Board" means the state board of architecture, constructive interior design and residential design.
Sec. 2 NRS 623.024 is hereby amended to read as follows:
623.024"Practice of constructive interior design" means the rendering of services to enhance the quality and function of an interior area of a structure designed for human habitation or occupancy. The term includes:
1. An analysis of:
(a) [A client's] The structural and esthetic needs and goals of a client for an interior area of a structure designed for human habitation or occupancy; and
(b) The requirements for safety relating to that area;
2. The formulation of preliminary designs for an interior area designed for human habitation or occupancy that are appropriate, functional and esthetic;
3. The development and presentation of final designs that are appropriate for the alteration or construction of an interior area of a structure designed for human habitation or occupancy;
4. The preparation of contract documents for the alteration or construction of an interior area of a structure designed for human habitation or occupancy, including specifications for partitions, materials, finishes, furniture, fixtures and equipment;
5. The collaboration in the completion of a project for the alteration or construction of an interior area of a structure designed for human habitation or occupancy with professional engineers or architects who are registered pursuant to the provisions of Title 54 of NRS;
6. The preparation and administration of bids or contracts as the agent of a client; and
7. The review and evaluation of problems relating to the design of a project for the alteration or construction of an area designed for human habitation or occupancy during the alteration or construction and upon completion of the alteration or construction.
Sec. 3 NRS 623.026 is hereby amended to read as follows:
623.026"Registered interior designer" means any person who engages in the practice of constructive interior design and holds a certificate of registration issued by the board.
Sec. 4 NRS 623.050 is hereby amended to read as follows:
623.0501. The state board of architecture, constructive interior design and residential design, consisting of nine members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding their appointment.
(b) One member who is a registered residential designer.
(c) Two members who are registered interior designers and who are not registered architects or residential designers.
(d) One member who is a representative of the general public.
3. Members of the board must have been residents of [the] this state for not less than 2 years preceding their appointment.
4. The governor may, upon bona fide complaint, and for good cause shown, after 10 days' notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.
5. The member who is a residential designer shall not participate in the investigation or acceptance of his application or in the grading or certification of his examination.
6. The members who are registered interior designers shall not participate in the investigation or acceptance of their applications or in the grading or certification of their examinations.
Sec. 5 NRS 623.180 is hereby amended to read as follows:
623.1801. No person may practice:
(a) Architecture or use the title of architect;
(b) Residential design or use the title of residential designer; or
(c) [Interior] Constructive interior design or use the title of registered interior designer,
in this state without having a certificate of registration issued to him pursuant to the provisions of this chapter.
2. Whenever the requirements for registration pursuant to the provisions of this chapter have been fully complied with and fulfilled by an applicant, the board shall issue to the successful applicant a certificate as a registered architect, registered interior designer or residential designer. If the certificate will be issued after the beginning of a biennium, the applicant shall pay the full fee which is prescribed.
3. The certificate is synonymous with registration with a serial number and seal. Any person who is issued a certificate may practice architecture, constructive interior design or residential design in this state, subject to the provisions of this chapter and the regulations of the board.
4. The unauthorized use or display of a certificate of registration is unlawful.
Sec. 6 NRS 623.190 is hereby amended to read as follows:
623.1901. Any person who is at least 21 years of age and of good moral character and who meets the requirements for education and practical training established by the board by regulation may apply to the board for registration under this section as an architect.
2. Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural program accredited by the National Architectural Accrediting Board, any program of architecture in the State of Nevada or any architectural program approved by the state board of architecture, constructive interior design and residential design is considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.
3. The board shall, by regulation, establish standards for examinations which must be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations must include tests in the technical and professional subjects as are prescribed by the board.
4. Any person who is at least 21 years of age and of good moral character and who has a total of 5 years of credit for education or practical training, or a combination thereof which is acceptable to the board, may apply to the board for registration as a residential designer. The board shall by regulation establish the amount of credit allowed for education, practical training or a combination thereof.
5. The board shall, by regulation, establish the standards for the examination to qualify as a residential designer, which may be required as part of the examination to be an architect. The examination must consist of at least:
(a) A written examination covering:
(1) Structural technology;
(2) Materials and methods of construction;
(3) Systems for environmental control; and
(4) Graphic design; and
(b) An oral interview of the applicant by the board upon the successful completion of the written portion of the examination.
6. Any application to the board may be denied for any violation of this chapter.
Sec. 7 NRS 623.192 is hereby amended to read as follows:
623.1921. An applicant for a certificate of registration to practice constructive interior design must be of good moral character and submit to the board:
(a) An application on a form provided by the board;
(b) The fees required pursuant to NRS 623.310;
(c) Proof which is satisfactory to the board that he has completed:
(1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in constructive interior design;
(2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in constructive interior design;
(3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in constructive interior design;
(4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in constructive interior design; or
(5) At least 6 consecutive years of experience in the practice of constructive interior design; and
(d) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.
2. Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.
3. The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience and equivalent credits required pursuant to subsection 1 as those standards exist on the date of the adoption of the regulation.
4. Any application submitted to the board may be denied for any violation of the provisions of this chapter.
Sec. 8 NRS 623.220 is hereby amended to read as follows:
623.2201. The board shall issue a certificate of registration as an architect or a residential designer , upon payment of a registration fee pursuant to NRS 623.310 , to any applicant who complies with the provisions of NRS 623.190 and passes the examinations, or in lieu thereof brings himself within the provisions of NRS 623.210.
2. The board shall issue a certificate of registration to practice constructive interior design upon payment of a registration fee pursuant to NRS 623.310 to any applicant who complies with the provisions of NRS 623.192 and 623.200.
3. Certificates of registration must show the full name of the registrant, have a serial number [,] and be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board is evidence that the person named therein is entitled to all the rights and privileges of an architect, registered interior designer or residential designer while the certificate remains unsuspended, unrevoked and unexpired.
Sec. 9 NRS 623.230 is hereby amended to read as follows:
623.230The secretary of the board shall keep an official register of all certificates of registration to practice architecture, constructive interior design or residential design issued and renewed pursuant to the provisions of this chapter. The register must be properly indexed and open for public inspection and information.
Sec. 10 NRS 623.250 is hereby amended to read as follows:
623.2501. Each architect, registered interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter shall, before or during the month of December of each year preceding a biennium during which he desires to continue the practice of architecture, constructive interior design or residential design, submit a renewal fee pursuant to the provisions of this chapter for a renewal of the certificate.
2. Upon receipt of the renewal fee, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration is renewed for the term of a biennium. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the secretary of the board or the executive director and must bear the seal of the board.
3. The renewal must be recorded, together with its serial number, by the secretary of the board in the official register of the board pursuant to NRS 623.230.
Sec. 11 NRS 623.270 is hereby amended to read as follows:
623.2701. The board may place the holder of any certificate of registration issued pursuant to this chapter on probation, reprimand him, fine him not more than $10,000, suspend or revoke his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions, if proof satisfactory to the board is presented that:
(a) The certificate was obtained by fraud or concealment of a material fact.
(b) The holder of the certificate has been found guilty by the board or by a court of justice of any fraud, deceit or concealment of a material fact in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.
(c) The holder of the certificate has been found guilty by the board of incompetency, negligence or gross negligence in the practice of architecture, constructive interior design or residential design.
(d) The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his direct supervision, or has permitted the use of his name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.
(e) The holder of a certificate has aided or abetted any unauthorized person to practice architecture, constructive interior design or residential design.
(f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to the practice of architecture, constructive interior design or residential design.
(g) The holder of a certificate has failed to comply with an order issued by the board or has failed to cooperate with an investigation conducted by the board.
If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney's fees, may be recovered by the board.
2. The conditions for probation imposed pursuant to subsection 1 may include, but are not limited to:
(a) Restriction on the scope of professional practice.
(b) Peer review.
(c) Required education or counseling.
(d) Payment of restitution to all parties who suffered harm or loss.
(e) Payment of all costs of the administrative investigation and prosecution.
3. As used in this section:
(a) "Gross negligence" means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.
(b) "Incompetency" means conduct which, in the practice of architecture, constructive interior design or residential design, demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.
(c) "Negligence" means a deviation from the normal standard of professional care exercised generally by other members of the professions of architecture, constructive interior design or residential design.
Sec. 12 NRS 623.280 is hereby amended to read as follows:
623.280Proceedings for the revocation of a certificate of registration to practice architecture, constructive interior design or residential design must be preceded by a 30-day written notice of the charges filed with the board. The board shall file a written report of its findings in the record of its proceedings and a copy of the report must be sent to the accused.
Sec. 13 NRS 623.330 is hereby amended to read as follows:
623.3301. The following persons are exempt from the provisions of this chapter:
(a) A person engaging in architectural work as an employee of a registered architect or residential designer, if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect or residential designer.
(b) A person hired by the Federal Government to practice architecture on federal land.
(c) A professional engineer registered pursuant to the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.
(d) A contractor licensed pursuant to the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.
(e) Any person who prepares plans, drawings or specifications for:
(1) Buildings for his own private residential use; or
(2) Farm or ranch buildings used as such.
(f) A person engaging in work related to constructive interior design as an employee of a registered interior designer, if the work does not include responsible charge of constructive interior design or supervision, or a consultant retained by a registered interior designer.
(g) Any person who prepares drawings of the layout of materials or furnishings used in constructive interior design , [or] provides assistance in the selection of materials or furnishings used in constructive interior design, or selects or provides materials or furnishings used in constructive interior design, including, without limitation:
(1) Decorative accessories;
(2) Wallpaper, wallcoverings or paint;
(3) Linoleum, tile, carpeting or floor coverings;
(4) Draperies, blinds or window coverings;
(5) Lighting fixtures which [is] are not part of a structure;
(6) Plumbing fixtures which are not a part of a structure; and
(7) Furniture or equipment . [,
if] If the preparation or implementation of those drawings or the installation of those materials or furnishings is [not] regulated by any building code or other law, ordinance, rule or regulation [governing the alteration or construction of a structure.] , the preparation or implementation must comply with such code, law, ordinance, rule or regulation.
2. Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.
3. The exemptions provided by this section do not entitle any person who does not hold a certificate of registration to hold himself out to the public or advertise himself as an architect, registered interior designer or residential designer.
Sec. 14 NRS 623.333 is hereby amended to read as follows:
623.333 An architect or a residential designer who is registered pursuant to the provisions of this chapter is not required to obtain a certificate of registration to practice constructive interior design.
Sec. 15 NRS 623.360 is hereby amended to read as follows:
623.3601. It is unlawful for any person to:
(a) Hold himself out to the public or to solicit business as an architect, registered interior designer or residential designer in this state without having a certificate of registration or temporary certificate issued by the board;
(b) Advertise or put out any sign, card or other device which indicates to the public that he is an architect, registered interior designer or residential designer or that he is otherwise qualified to engage in the practice of architecture, constructive interior design or residential design without having a certificate of registration issued by the board;
(c) Engage in the practice of architecture, constructive interior design or residential design without a certificate of registration issued by the board; or
(d) Violate any other provision of this chapter.
2. Any person who violates any of the provisions of subsection 1:
(a) For the first violation, is guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.
(b) For the second or any subsequent violation, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $1,000 nor more than $2,000, and may be further punished by imprisonment in the county jail for not more than 1 year.
3. If any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings pursuant to this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the board.
Sec. 16 NRS 89.050 is hereby amended to read as follows:
89.0501. Except as otherwise provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its funds in any form of real property, securities or any other type of investment.
2. A professional corporation may be organized to render a professional service relating to:
(a) Architecture, interior design, engineering and landscape architecture, or any combination thereof, and may be composed of persons engaged in the practice of architecture or constructive interior design as provided in chapter 623 of NRS, persons engaged in the practice of landscape architecture as provided in chapter 623A of NRS and persons engaged in the practice of professional engineering as provided in chapter 625 of NRS.
(b) Medicine, homeopathy and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS, persons engaged in the practice of homeopathic medicine as provided in chapter 630A of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS. Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to medicine, homeopathy and osteopathy.
3. A professional corporation may render a professional service only through its officers and employees, all of whom must be authorized to render that professional service.
Sec. 17 Section 36 of chapter 512, Statutes of Nevada 1995, at page 1705, is hereby amended to read as follows:

Sec. 36. Section 9 of this act is hereby amended to read as follows:

Sec. 9. 1. An applicant for a certificate of registration to practice constructive interior design must be of good moral character and submit to the board:

(a) An application on a form provided by the board;

(b) The fees required pursuant to NRS 623.310;

(1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in constructive interior design or residential interior design; or

(2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in constructive interior design or residential interior design;

[(3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in constructive interior design or residential interior design;

(4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in constructive interior design or residential interior design; or

(5) At least 6 consecutive years of experience in the practice of constructive interior design or residential interior design;] and

(d) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.

2. Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.

3. The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience and equivalent credits required pursuant to subsection 1 as those standards exist on the date of the adoption of the regulation.

4. Any application submitted to the board may be denied for any violation of the provisions of this chapter.