Assembly Bill No. 610–Committee on Commerce and Labor

March 18, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions regarding practice of interior design. (BDR 54-1619)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to interior design; providing for the exemption of certain practices from regulation by the state board of architecture; and providing other matters properly relating thereto.

 

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

1-1 Section 1. NRS 623.270 is hereby amended to read as follows:

1-2 623.270 1. The board may place the holder of any certificate of

1-3 registration issued pursuant to this chapter on probation, reprimand him,

1-4 fine him not more than $10,000, suspend or revoke his license, impose the

1-5 costs of investigation and prosecution upon him or take any combination of

1-6 these disciplinary actions, if proof satisfactory to the board is presented

1-7 that:

1-8 (a) The certificate was obtained by fraud or concealment of a material

1-9 fact.

1-10 (b) The holder of the certificate has been found guilty by the board or by

1-11 a court of justice of any fraud, deceit or concealment of a material fact in

1-12 his professional practice, or has been convicted by a court of justice of a

1-13 crime involving moral turpitude.

1-14 (c) The holder of the certificate has been found guilty by the board of

1-15 incompetency, negligence or gross negligence in:

1-16 (1) The practice of architecture or residential design; or

1-17 (2) His practice as a registered interior designer.

2-1 (d) [The] Except as otherwise provided in subparagraph (3) of

2-2 paragraph (e) of subsection 1 of NRS 623.330, the holder of a certificate

2-3 has affixed his signature or seal to plans, drawings, specifications or other

2-4 instruments of service which have not been prepared by him or in his

2-5 office, or under his direct supervision, or has permitted the use of his name

2-6 to assist any person who is not a registered architect, registered interior

2-7 designer or residential designer to evade any provision of this chapter.

2-8 (e) The holder of a certificate has aided or abetted any unauthorized

2-9 person to practice:

2-10 (1) Architecture or residential design; or

2-11 (2) As a registered interior designer.

2-12 (f) The holder of the certificate has violated any law, regulation or code

2-13 of ethics pertaining to:

2-14 (1) The practice of architecture or residential design; or

2-15 (2) Practice as a registered interior designer.

2-16 (g) The holder of a certificate has failed to comply with an order issued

2-17 by the board or has failed to cooperate with an investigation conducted by

2-18 the board.

2-19 If discipline is imposed pursuant to this section, the costs of the proceeding,

2-20 including investigative costs and attorney’s fees, may be recovered by the

2-21 board.

2-22 2. The conditions for probation imposed pursuant to subsection 1 may

2-23 include, but are not limited to:

2-24 (a) Restriction on the scope of professional practice.

2-25 (b) Peer review.

2-26 (c) Required education or counseling.

2-27 (d) Payment of restitution to all parties who suffered harm or loss.

2-28 (e) Payment of all costs of the administrative investigation and

2-29 prosecution.

2-30 3. As used in this section:

2-31 (a) "Gross negligence" means conduct which demonstrates a reckless

2-32 disregard of the consequences affecting the life or property of another

2-33 person.

2-34 (b) "Incompetency" means conduct which, in:

2-35 (1) The practice of architecture or residential design; or

2-36 (2) Practice as a registered interior designer,

2-37 demonstrates a significant lack of ability, knowledge or fitness to discharge

2-38 a professional obligation.

2-39 (c) "Negligence" means a deviation from the normal standard of

2-40 professional care exercised generally by other members in:

2-41 (1) The profession of architecture or residential design; or

2-42 (2) Practice as a registered interior designer.

3-1 Sec. 2. NRS 623.330 is hereby amended to read as follows:

3-2 623.330 1. The following persons are exempt from the provisions of

3-3 this chapter:

3-4 (a) A person engaging in architectural work as an employee of a

3-5 registered architect or residential designer, if the work does not include

3-6 responsible charge of design or supervision, or a consultant retained by a

3-7 registered architect or residential designer.

3-8 (b) A person hired by the Federal Government to practice architecture

3-9 on federal land.

3-10 (c) A professional engineer licensed pursuant to the provisions of

3-11 chapter 625 of NRS who designs buildings as permitted by chapter 625 of

3-12 NRS.

3-13 (d) A contractor licensed pursuant to the provisions of chapter 624 of

3-14 NRS who provides his own drawings for his own construction activities.

3-15 (e) Any person who prepares plans, drawings or specifications for:

3-16 (1) Buildings for his own private residential use; [or]

3-17 (2) Farm or ranch buildings used as such [.] ; or

3-18 (3) Buildings owned by that person or his employer when an

3-19 architect, a registered interior designer, a residential designer or a

3-20 licensed professional engineer is also engaged by that person or his

3-21 employer who will, as applicable, stamp and take responsibility for all

3-22 construction documents for work on that building.

3-23 (f) A person engaging in work related to interior design as an employee

3-24 of a registered interior designer, if the work does not include responsible

3-25 charge of interior design or supervision, or a consultant retained by a

3-26 registered interior designer.

3-27 (g) Any person who prepares drawings of the layout of materials or

3-28 furnishings used in interior design or provides assistance in the selection of

3-29 materials or furnishings used in interior design, including, without

3-30 limitation:

3-31 (1) Decorative accessories;

3-32 (2) Wallpaper, wallcoverings or paint;

3-33 (3) Linoleum, tile, carpeting or floor coverings;

3-34 (4) Draperies, blinds or window coverings;

3-35 (5) Lighting fixtures which [is] are not part of a structure;

3-36 (6) Plumbing fixtures which are not a part of a structure; and

3-37 (7) Furniture or equipment,

3-38 if the preparation or implementation of those drawings or the installation of

3-39 those materials or furnishings is not regulated by any building code or other

3-40 law, ordinance, rule or regulation governing the alteration or construction

3-41 of a structure.

4-1 (h) Any person who holds a certificate of registration issued by the

4-2 state fire marshal to provide approved interior materials and furnishings

4-3 used in interior design to the extent authorized by the certificate.

4-4 2. Any person exempted by the provisions of this section is not thereby

4-5 absolved from any civil or criminal liability that might otherwise accrue.

4-6 3. The exemptions provided by this section do not entitle any person

4-7 who does not hold a certificate of registration to hold himself out to the

4-8 public or advertise himself as an architect, registered interior designer or

4-9 residential designer.

4-10 Sec. 3. Chapter 477 of NRS is hereby amended by adding thereto a

4-11 new section to read as follows:

4-12 1. The state fire marshal shall, by regulation, provide for the

4-13 registration of qualified interior designers who provide interior materials

4-14 and furnishings regulated by a building code.

4-15 2. The regulations must set forth:

4-16 (a) The qualifications necessary for the issuance of a certificate of

4-17 registration pursuant to this section, including, without limitation, the

4-18 submission of evidence of the successful completion of a course of study

4-19 approved by the state fire marshal regarding applicable building codes

4-20 and other related information.

4-21 (b) The criteria for approving instructors and courses of study

4-22 regarding applicable building codes and other related information.

4-23 (c) Any continuing education necessary for the renewal of a

4-24 certificate of registration issued pursuant to this section.

4-25 3. A person licensed or registered by the state board of architecture

4-26 pursuant to chapter 623 of NRS is not eligible for the issuance of a

4-27 certificate of registration pursuant to this section.

4-28 Sec. 4. This act becomes effective upon passage and approval.

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