Assembly Bill No. 632–Committee on Commerce and Labor
(On Behalf of Board of Architecture, Interior
Design and Residential Design)
March 22, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes to provisions governing architects, registered interior designers and residential designers. (BDR 54-404)
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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 623 of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
"Responsible control" means that amount of control over and detailed1-4
knowledge of the content of technical submissions during their1-5
preparation as is ordinarily exercised by registered architects, registered1-6
interior designers or residential designers, as applicable, applying the1-7
normal standard of professional care.1-8
Sec. 2. NRS 623.015 is hereby amended to read as follows: 623.015 As used in this chapter, unless the context otherwise requires,1-10
the words and terms defined in NRS 623.017 to 623.027, inclusive, and1-11
section 1 of this act have the meanings ascribed to them in those sections.2-1
Sec. 3. NRS 623.025 is hereby amended to read as follows: 623.025 The "practice of residential design" consists of rendering2-3
services embracing the scientific, esthetic or orderly coordination of2-4
processes which enter into2-5
1. The production of2-6
(a) Completed single-family dwelling units2-7
(b) Multifamily dwelling structures that do not exceed two stories in2-8
height ,2-9
2-10
occupancy; and2-11
2. The utilization of space within and surrounding those units or2-12
structures,2-13
performed through the medium of plans, specifications, administration of2-14
construction, preliminary studies, consultations, evaluations,2-15
investigations, contract documents and advice and direction.2-16
Sec. 4. NRS 623.050 is hereby amended to read as follows: 623.050 1. The state board of architecture, interior design and2-18
residential design, consisting of nine members appointed by the governor,2-19
is hereby created.2-20
2. The governor shall appoint:2-21
(a) Five members who are registered architects and have been in the2-22
active practice of architecture in the State of Nevada for not less than 32-23
years preceding their appointment.2-24
(b) One member who is a registered residential designer.2-25
(c) Two members who are registered interior designers and who are not2-26
registered architects or residential designers.2-27
(d) One member who is a representative of the general public.2-28
3. Members of the board must have been residents of this state for not2-29
less than 2 years preceding their appointment.2-30
4. The governor may, upon a bona fide complaint, and for good cause2-31
shown, after 10 days’ notice to any member against whom charges may be2-32
filed, and after opportunity for hearing, remove the member for2-33
inefficiency, neglect of duty or malfeasance in office.2-34
2-35
2-36
2-37
2-38
2-39
2-40
Sec. 5. NRS 623.180 is hereby amended to read as follows: 623.180 1. No person may practice:2-42
(a) Architecture or use the title of architect;2-43
(b) Residential design or use the title of residential designer; or3-1
(c) As a registered interior designer or use the title of registered interior3-2
designer,3-3
in this state without having a certificate of registration issued to him3-4
pursuant to the provisions of this chapter.3-5
2. Whenever the requirements for registration pursuant to the3-6
provisions of this chapter have been fully complied with and fulfilled by an3-7
applicant, the board shall issue to the successful applicant a certificate as a3-8
registered architect, registered interior designer or residential designer.3-9
3-10
certificate must expire on June 30 next following the date of issuance,3-11
and the applicant shall pay the full fee3-12
regardless of the date of issuance.3-13
3. The certificate is synonymous with registration with a serial number3-14
and seal. A person who is issued a certificate may practice architecture or3-15
residential design or may practice as a registered interior designer in this3-16
state, subject to the provisions of this chapter and the regulations of the3-17
board.3-18
4. The unauthorized use or display of a certificate of registration is3-19
unlawful.3-20
Sec. 6. NRS 623.185 is hereby amended to read as follows: 623.185 1. Upon being issued a certificate of registration, each3-22
registered architect, registered interior designer or residential designer shall3-23
obtain a seal of the design authorized by the board, bearing the architect’s,3-24
registered interior designer’s or residential designer’s name, the number of3-25
his certificate of registration, and the legend "Registered Architect,"3-26
"Registered Interior Designer" or "Residential Designer."3-27
2. Plans, specifications, reports and other documents issued by a3-28
registered architect, registered interior designer or residential designer for3-29
official use must be signed, sealed and dated3-30
architect or designer.3-31
3. It is unlawful for a person to stamp or seal any plans, specifications,3-32
reports or other documents with the seal after the certificate of registration3-33
of the architect, registered interior designer or residential designer, named3-34
therein, has expired or has been suspended or revoked, unless the3-35
certificate has been renewed or reissued.3-36
4. Any plan, drawing, specification or other document prepared by a3-37
registered interior designer must contain a statement that the plan, study,3-38
drawing, specification or other document was prepared by a registered3-39
interior designer registered pursuant to the provisions of this chapter.3-40
Sec. 7. NRS 623.190 is hereby amended to read as follows: 623.190 1. Any person who is at least 21 years of age and of good3-42
moral character and who meets the requirements for education and4-1
practical training established by the board by regulation may apply to the4-2
board for registration pursuant to this section as an architect.4-3
2. Each year of study, up to and including 5 years of study,4-4
satisfactorily completed in an architectural program accredited by the4-5
National Architectural Accrediting Board4-6
4-7
board of architecture, interior design and residential design is considered4-8
equivalent to 1 year of experience in architectural work for the purpose of4-9
registration as an architect.4-10
3. The board shall, by regulation, establish standards for examinations4-11
which must be consistent with standards employed by other states. The4-12
board may adopt the standards of the National Council of Architectural4-13
Registration Boards, and the examination and grading procedure of that4-14
organization, as they exist on the date of adoption. Examinations may4-15
include tests in such technical and professional subjects as are prescribed4-16
by the board.4-17
4. If the board adopts the examination of the National Council of4-18
Architectural Registration Boards, an applicant for registration as an4-19
architect who wishes to:4-20
(a) Take the examination must pay to the entity which administers the4-21
examination the fee charged by that entity for taking the examination and4-22
pay to the board a processing fee as provided in NRS 623.310.4-23
(b) Retake any part or parts of the examination which he previously4-24
failed must pay to the entity which administers the examination the fee4-25
charged by that entity for retaking such part or parts.4-26
5. Any person who is at least 21 years of age and of good moral4-27
character and who has a total of 5 years of credit for education or practical4-28
training, or a combination thereof which is acceptable to the board, may4-29
apply to the board for registration as a residential designer. The board4-30
shall, by regulation, establish the amount of credit allowed for education,4-31
practical training or a combination thereof.4-32
6. The board shall, by regulation, establish the standards for the4-33
examination to qualify as a residential designer .4-34
4-35
consist of at least4-36
4-37
4-38
4-39
4-40
4-41
4-42
designer must successfully complete an oral interview5-1
conducted by the board .5-2
5-3
5-4
this chapter.5-5
Sec. 8. NRS 623.192 is hereby amended to read as follows: 623.192 1. An applicant for a certificate of registration to practice as5-7
a registered interior designer must be of good moral character and submit5-8
to the board:5-9
(a) An application on a form provided by the board;5-10
(b) The fees required pursuant to NRS 623.310;5-11
(c) The statement required pursuant to NRS 623.225;5-12
(d) Proof which is satisfactory to the board that he has completed:5-13
(1) At least 5 years of education in a program of interior design or an5-14
equivalent number of credits and at least 1 year of experience in interior5-15
design;5-16
(2) At least 4 years of education in a program of interior design or an5-17
equivalent number of credits and at least 2 years of experience in interior5-18
design;5-19
(3) At least 3 years of education in a program of interior design or an5-20
equivalent number of credits and at least 3 years of experience in interior5-21
design;5-22
(4) At least 2 years of education in a program of interior design or an5-23
equivalent number of credits and at least 4 years of experience in interior5-24
design; or5-25
(5) At least 6 consecutive years of experience in the practice of5-26
interior design; and5-27
(e) A certificate issued by the National Council for Interior Design5-28
Qualification as proof that he has passed the examination prepared and5-29
administered by that organization.5-30
2. Each program of interior design must be accredited by the5-31
Foundation for Interior Design Education Research or approved by the5-32
board.5-33
3. The board shall, by regulation, adopt the standards of the National5-34
Council for Interior Design Qualification for the experience and equivalent5-35
credits required pursuant to subsection 1 as those standards exist on the5-36
date of the adoption of the regulation.5-37
4. An applicant for a certificate of registration to practice as a5-38
registered interior designer must successfully complete an oral interview5-39
conducted by the board.5-40
5. Any application submitted to the board may be denied for any5-41
violation of the provisions of this chapter.6-1
Sec. 9. NRS 623.250 is hereby amended to read as follows: 623.250 1. Each architect, registered interior designer or residential6-3
designer who6-4
him pursuant to the provisions of this chapter6-5
6-6
6-7
6-8
6-9
6-10
submit to the board all required fees for renewal of the certificate, proof6-11
of compliance with all of the requirements established by the board for6-12
continuing education for the renewal of the certificate and the statement6-13
required pursuant to NRS 623.225.6-14
2. Upon receipt of the required fees for renewal ,6-15
satisfactory to the board of compliance with all of the requirements6-16
established by the board for continuing education and the statement, the6-17
secretary of the board shall execute and issue a certificate renewal card to6-18
the applicant, certifying that his certificate of registration is renewed for6-19
the term of6-20
renewal card must bear a serial number and the signature or a facsimile6-21
thereof of the secretary of the board or the executive director and must6-22
bear the seal of the board.6-23
3. The renewal must be recorded, together with its serial number, by6-24
the secretary of the board in the official register of the board pursuant to6-25
NRS 623.230.6-26
Sec. 10. NRS 623.270 is hereby amended to read as follows: 623.270 1. The board may place the holder of any certificate of6-28
registration issued pursuant to this chapter on probation, reprimand him,6-29
6-30
pursuant to NRS 623.365, suspend or revoke his license, impose the costs6-31
of investigation and prosecution upon him or take any combination of6-32
these disciplinary actions, if proof satisfactory to the board is presented6-33
that:6-34
(a) The certificate was obtained by fraud or concealment of a material6-35
fact.6-36
(b) The holder of the certificate has been found guilty by the board or6-37
by a court of justice of any fraud, deceit or concealment of a material fact6-38
in his professional practice, or has been convicted by a court of justice of a6-39
crime involving moral turpitude.6-40
(c) The holder of the certificate has been found guilty by the board of6-41
incompetency, negligence or gross negligence in:6-42
(1) The practice of architecture or residential design; or6-43
(2) His practice as a registered interior designer.7-1
(d) The holder of a certificate has affixed his signature or seal to plans,7-2
drawings, specifications or other instruments of service which have not7-3
been prepared by him or in his office, or under his7-4
responsible control, or has permitted the use of his name to assist any7-5
person who is not a registered architect, registered interior designer or7-6
residential designer to evade any provision of this chapter.7-7
(e) The holder of a certificate has aided or abetted any unauthorized7-8
person to practice:7-9
(1) Architecture or residential design; or7-10
(2) As a registered interior designer.7-11
(f) The holder of the certificate has violated any law, regulation or code7-12
of ethics pertaining to:7-13
(1) The practice of architecture or residential design; or7-14
(2) Practice as a registered interior designer.7-15
(g) The holder of a certificate has failed to comply with an order issued7-16
by the board or has failed to cooperate with an investigation conducted by7-17
the board.7-18
2. If discipline is imposed pursuant to this section, the costs of the7-19
proceeding, including investigative costs and attorney’s fees, may be7-20
recovered by the board.7-21
7-22
may include, but are not limited to:7-23
(a) Restriction on the scope of professional practice.7-24
(b) Peer review.7-25
(c) Required education or counseling.7-26
(d) Payment of restitution to all7-27
loss.7-28
(e) Payment of all costs of the administrative investigation and7-29
prosecution.7-30
7-31
(a) "Gross negligence" means conduct which demonstrates a reckless7-32
disregard of the consequences affecting the life or property of another7-33
person.7-34
(b) "Incompetency" means conduct which, in:7-35
(1) The practice of architecture or residential design; or7-36
(2) Practice as a registered interior designer,7-37
demonstrates a significant lack of ability, knowledge or fitness to discharge7-38
a professional obligation.7-39
(c) "Negligence" means a deviation from the normal standard of7-40
professional care exercised generally by other members in:7-41
(1) The profession of architecture or residential design; or7-42
(2) Practice as a registered interior designer.8-1
Sec. 11. NRS 623.333 is hereby amended to read as follows: 623.333 1. An architect8-3
pursuant to the provisions of this chapter is not required to obtain a8-4
certificate of registration to practice as a registered interior designer.8-5
2. A residential designer who is registered pursuant to the provisions8-6
of this chapter is not required to obtain a certificate of registration to8-7
practice as a registered interior designer with respect to:8-8
(a) A single-family dwelling; or8-9
(b) Multifamily dwelling structures that do not exceed two stories in8-10
height and are composed of not more than four units in each structure.8-11
Sec. 12. NRS 623.350 is hereby amended to read as follows: 623.350 1. Every office or place of business in this state of any8-13
partnership, corporation, limited-liability company or other business8-14
organization or association engaged in the practice of architecture , interior8-15
design or residential design pursuant to the provisions of NRS 623.3498-16
shall have , respectively, an architect , registered interior designer or8-17
residential designer who is a8-18
holds a certificate of registration issued pursuant to this chapter regularly8-19
working in the office or place of business and directly responsible for the8-20
administration of , respectively, the architectural , interior design or8-21
residential design work conducted in the office or place of business. The8-22
provisions of this subsection do not apply to partnerships, corporations,8-23
limited-liability companies or other business organization or associations8-24
engaged in the practice of architecture , interior design or residential8-25
design at offices established for construction administration.8-26
2. A registrant or licensee practicing in a business organization or8-27
association which holds a certificate issued pursuant to NRS 623.3498-28
remains subject to NRS 89.220.8-29
3. If a person who is not registered or licensed, or a registrant or8-30
licensee who is not an owner, and who is employed by or affiliated with a8-31
business organization or association which holds a certificate issued8-32
pursuant to NRS 623.349 is found by the board to have violated a8-33
provision of this chapter or a regulation of the board, the board may hold8-34
the business organization or association and the registrants and licensees8-35
who are owners responsible for the violation.8-36
Sec. 13. NRS 623.353 is hereby amended to read as follows: 623.353 A residential designer shall not engage in rendering services8-38
for any building or structure not specified in NRS 623.025 unless he does8-39
so under the8-40
architect. In such cases , the architect is the sole contracting party, has full8-41
responsibility for the work performed by the residential designer, shall8-42
supervise any work performed by the residential designer and shall file the9-1
agreement between the residential designer and the architect with the9-2
secretary of the board within 10 days after the execution of the agreement.9-3
Sec. 14. NRS 623.365 is hereby amended to read as follows: 623.365 In addition to any other civil penalty provided by law, a9-5
person who violates any provision of this chapter or any regulation9-6
adopted by the board is subject to a civil penalty of not more than9-7
9-8
by the board at a hearing for which written notice has been given not less9-9
than 30 days before the hearing.9-10
Sec. 15. NRS 89.040 is hereby amended to read as follows: 89.040 1. One or more persons may organize a professional9-12
corporation in the manner provided for organizing a private corporation9-13
pursuant to chapter 78 of NRS. Each person organizing the corporation9-14
must, except as otherwise provided in subsection 2 of NRS 89.0509-15
NRS 623.349, be authorized to perform the professional service for which9-16
the corporation is organized. The articles of incorporation must contain the9-17
following additional information:9-18
(a) The profession to be practiced by means of the professional9-19
corporation.9-20
(b) The names and post office9-21
residence or business, of the original stockholders and directors of the9-22
professional corporation.9-23
(c) A certificate from the regulating board of the profession to be9-24
practiced showing that each of the directors, and each of the stockholders9-25
who is a natural person, is licensed to practice the profession.9-26
2. The corporate name of a professional corporation must contain the9-27
words "Professional Corporation" or the abbreviation "Prof. Corp.," or the9-28
word "Chartered" or "Limited" or the abbreviation "Ltd." The corporate9-29
name must contain the last name of one or more of its stockholders. The9-30
corporation may render professional services and exercise its authorized9-31
powers under a fictitious name if the corporation has first registered the9-32
name in the manner required by chapter 602 of NRS.9-33
Sec. 16. NRS 89.050 is hereby amended to read as follows: 89.050 1. Except as otherwise provided in subsection 29-35
623.349, a professional corporation may be organized only for the purpose9-36
of rendering one specific type of professional service and may not engage9-37
in any business other than rendering the professional service for which it9-38
was organized and services reasonably related thereto, except that a9-39
professional corporation may own real and personal property appropriate9-40
to its business and may invest its9-41
property, securities or any other type of investment.10-1
2. A professional corporation may be organized to render a10-2
professional service relating to10-3
10-4
10-5
10-6
10-7
10-8
10-9
10-10
10-11
10-12
10-13
10-14
composed of persons engaged in the practice of medicine as provided in10-15
chapter 630 of NRS, persons engaged in the practice of homeopathic10-16
medicine as provided in chapter 630A of NRS and persons engaged in the10-17
practice of osteopathic medicine as provided in chapter 633 of NRS. Such10-18
a professional corporation may market and manage additional professional10-19
corporations which are organized to render a professional service relating10-20
to medicine, homeopathy and osteopathy.10-21
3. A professional corporation may render a professional service only10-22
through its officers and employees, all of whom must be authorized to10-23
render that professional service.10-24
Sec. 17. Section 36 of chapter 512, Statutes of Nevada 1995, as last10-25
amended by chapter 483, Statutes of Nevada 1997, at page 2209, is hereby10-26
amended to read as follows: Sec. 36. Section 9 of this act is hereby amended to read as10-28
follows:10-29
Sec. 9. 1. An applicant for a certificate of registration to10-30
practice as a registered interior designer must be of good moral10-31
character and submit to the board:10-32
(a) An application on a form provided by the board;10-33
(b) The fees required pursuant to NRS 623.310;10-34
(c) The statement required pursuant to section 214 of this act;10-35
(d) Proof which is satisfactory to the board that he has10-36
completed:10-37
(1) At least 5 years of education in a program of interior10-38
design or an equivalent number of credits and at least 1 year of10-39
experience in interior design or residential interior design; or10-40
(2) At least 4 years of education in a program of interior10-41
design or an equivalent number of credits and at least 2 years of10-42
experience in interior design or residential interior design;11-1
11-2
11-3
11-4
11-5
11-6
11-7
11-8
11-9
(e) A certificate issued by the National Council for Interior11-10
Design Qualification as proof that he has passed the examination11-11
prepared and administered by that organization.11-12
2. Each program of interior design must be accredited by the11-13
Foundation for Interior Design Education Research or approved by11-14
the board.11-15
3. The board shall, by regulation, adopt the standards of the11-16
National Council for Interior Design Qualification for the11-17
experience and equivalent credits required pursuant to subsection 111-18
as those standards exist on the date of the adoption of the11-19
regulation.11-20
4. An applicant for a certificate of registration to practice as a11-21
registered interior designer must successfully complete an oral11-22
interview conducted by the board.11-23
5. Any application submitted to the board may be denied for11-24
any violation of the provisions of this chapter.11-25
Sec. 18. Notwithstanding the provisions of sections 5 and 9 of this act11-26
to the contrary, a certificate of registration for an architect, registered11-27
interior designer or residential designer that:11-28
1. Is issued or renewed by the state board of architecture, interior11-29
design and residential design before the effective date of those sections11-30
remains valid for the term for which it was issued or renewed.11-31
2. Expires on December 31, 1999, must be renewed, if at all, for a11-32
period that expires on June 30, 2001. The fee for the renewal is 1 1/2 times11-33
the annual fee for renewal established by the board.11-34
3. Expires on December 31, 2000, must be renewed, if at all, for a11-35
period that expires on June 30, 2002. The fee for the renewal is 1 1/2 times11-36
the annual fee for renewal established by the board.11-37
Sec. 19. 1. This section and sections 5, 7, 8, 9 and 15 to 18,11-38
inclusive, of this act become effective upon passage and approval.11-39
2. Sections 1 to 4, inclusive, 6 and 10 to 14, inclusive, of this act11-40
become effective on October 1, 1999.~