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 [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 professions; making various changes to provisions governing architects, registered interior designers and residential designers; providing that certificates of registration for such professions must be renewed annually; deleting certain obsolete provisions concerning the state board of architecture, interior design and residential design; increasing the civil penalty that may be imposed by the board; 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. Chapter 623 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 "Responsible control" means that amount of control over and detailed

1-4 knowledge of the content of technical submissions during their

1-5 preparation as is ordinarily exercised by registered architects, registered

1-6 interior designers or residential designers, as applicable, applying the

1-7 normal standard of professional care.

1-8 Sec. 2. NRS 623.015 is hereby amended to read as follows:

1-9 623.015 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, and

1-11 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:

2-2 623.025 The "practice of residential design" consists of rendering

2-3 services embracing the scientific, esthetic or orderly coordination of

2-4 processes which enter into [the] :

2-5 1. The production of [completed] :

2-6 (a) Completed single-family dwelling units [and multifamily] ; or

2-7 (b) Multifamily dwelling structures that do not exceed two stories in

2-8 height , [and] are composed of not more than four units in each structure [,

2-9 or the] and have as their principal purpose human habitation or

2-10 occupancy; and

2-11 2. The utilization of space within and surrounding those units or

2-12 structures,

2-13 performed through the medium of plans, specifications, administration of

2-14 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:

2-17 623.050 1. The state board of architecture, interior design and

2-18 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 the

2-22 active practice of architecture in the State of Nevada for not less than 3

2-23 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 not

2-26 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 not

2-29 less than 2 years preceding their appointment.

2-30 4. The governor may, upon a bona fide complaint, and for good cause

2-31 shown, after 10 days’ notice to any member against whom charges may be

2-32 filed, and after opportunity for hearing, remove the member for

2-33 inefficiency, neglect of duty or malfeasance in office.

2-34 [5. The member who is a residential designer shall not participate in

2-35 the investigation or acceptance of his application or in the grading or

2-36 certification of his examination.

2-37 6. The members who are registered interior designers shall not

2-38 participate in the investigation or acceptance of their applications or in the

2-39 grading or certification of their examinations.]

2-40 Sec. 5. NRS 623.180 is hereby amended to read as follows:

2-41 623.180 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; or

3-1 (c) As a registered interior designer or use the title of registered interior

3-2 designer,

3-3 in this state without having a certificate of registration issued to him

3-4 pursuant to the provisions of this chapter.

3-5 2. Whenever the requirements for registration pursuant to the

3-6 provisions of this chapter have been fully complied with and fulfilled by an

3-7 applicant, the board shall issue to the successful applicant a certificate as a

3-8 registered architect, registered interior designer or residential designer. [If

3-9 the certificate will be issued after the beginning of a biennium,] The

3-10 certificate must expire on June 30 next following the date of issuance,

3-11 and the applicant shall pay the full fee [which] that is prescribed [.] ,

3-12 regardless of the date of issuance.

3-13 3. The certificate is synonymous with registration with a serial number

3-14 and seal. A person who is issued a certificate may practice architecture or

3-15 residential design or may practice as a registered interior designer in this

3-16 state, subject to the provisions of this chapter and the regulations of the

3-17 board.

3-18 4. The unauthorized use or display of a certificate of registration is

3-19 unlawful.

3-20 Sec. 6. NRS 623.185 is hereby amended to read as follows:

3-21 623.185 1. Upon being issued a certificate of registration, each

3-22 registered architect, registered interior designer or residential designer shall

3-23 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 of

3-25 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 a

3-28 registered architect, registered interior designer or residential designer for

3-29 official use must be signed, sealed and dated [on the title page] by the

3-30 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 registration

3-33 of the architect, registered interior designer or residential designer, named

3-34 therein, has expired or has been suspended or revoked, unless the

3-35 certificate has been renewed or reissued.

3-36 4. Any plan, drawing, specification or other document prepared by a

3-37 registered interior designer must contain a statement that the plan, study,

3-38 drawing, specification or other document was prepared by a registered

3-39 interior designer registered pursuant to the provisions of this chapter.

3-40 Sec. 7. NRS 623.190 is hereby amended to read as follows:

3-41 623.190 1. Any person who is at least 21 years of age and of good

3-42 moral character and who meets the requirements for education and

4-1 practical training established by the board by regulation may apply to the

4-2 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 the

4-5 National Architectural Accrediting Board [, any program of architecture in

4-6 the State of Nevada] or any architectural program approved by the state

4-7 board of architecture, interior design and residential design is considered

4-8 equivalent to 1 year of experience in architectural work for the purpose of

4-9 registration as an architect.

4-10 3. The board shall, by regulation, establish standards for examinations

4-11 which must be consistent with standards employed by other states. The

4-12 board may adopt the standards of the National Council of Architectural

4-13 Registration Boards, and the examination and grading procedure of that

4-14 organization, as they exist on the date of adoption. Examinations may

4-15 include tests in such technical and professional subjects as are prescribed

4-16 by the board.

4-17 4. If the board adopts the examination of the National Council of

4-18 Architectural Registration Boards, an applicant for registration as an

4-19 architect who wishes to:

4-20 (a) Take the examination must pay to the entity which administers the

4-21 examination the fee charged by that entity for taking the examination and

4-22 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 previously

4-24 failed must pay to the entity which administers the examination the fee

4-25 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 moral

4-27 character and who has a total of 5 years of credit for education or practical

4-28 training, or a combination thereof which is acceptable to the board, may

4-29 apply to the board for registration as a residential designer. The board

4-30 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 the

4-33 examination to qualify as a residential designer . [, which may be required

4-34 as part of the examination to be an architect.] The examination must

4-35 consist of at least [:

4-36 (a) A] a written examination covering:

4-37 [(1)] (a) Structural technology;

4-38 [(2)] (b) Materials and methods of construction;

4-39 [(3)] (c) Systems for environmental control; and

4-40 [(4)] (d) Graphic design . [; and

4-41 (b)] 7. An applicant for registration as an architect or residential

4-42 designer must successfully complete an oral interview [of the applicant]

5-1 conducted by the board . [upon the successful completion of the written

5-2 portion of the examination.

5-3 7.] 8. Any application to the board may be denied for any violation of

5-4 this chapter.

5-5 Sec. 8. NRS 623.192 is hereby amended to read as follows:

5-6 623.192 1. An applicant for a certificate of registration to practice as

5-7 a registered interior designer must be of good moral character and submit

5-8 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 an

5-14 equivalent number of credits and at least 1 year of experience in interior

5-15 design;

5-16 (2) At least 4 years of education in a program of interior design or an

5-17 equivalent number of credits and at least 2 years of experience in interior

5-18 design;

5-19 (3) At least 3 years of education in a program of interior design or an

5-20 equivalent number of credits and at least 3 years of experience in interior

5-21 design;

5-22 (4) At least 2 years of education in a program of interior design or an

5-23 equivalent number of credits and at least 4 years of experience in interior

5-24 design; or

5-25 (5) At least 6 consecutive years of experience in the practice of

5-26 interior design; and

5-27 (e) A certificate issued by the National Council for Interior Design

5-28 Qualification as proof that he has passed the examination prepared and

5-29 administered by that organization.

5-30 2. Each program of interior design must be accredited by the

5-31 Foundation for Interior Design Education Research or approved by the

5-32 board.

5-33 3. The board shall, by regulation, adopt the standards of the National

5-34 Council for Interior Design Qualification for the experience and equivalent

5-35 credits required pursuant to subsection 1 as those standards exist on the

5-36 date of the adoption of the regulation.

5-37 4. An applicant for a certificate of registration to practice as a

5-38 registered interior designer must successfully complete an oral interview

5-39 conducted by the board.

5-40 5. Any application submitted to the board may be denied for any

5-41 violation of the provisions of this chapter.

6-1 Sec. 9. NRS 623.250 is hereby amended to read as follows:

6-2 623.250 1. Each architect, registered interior designer or residential

6-3 designer who [holds] wishes to renew a certificate of registration issued to

6-4 him pursuant to the provisions of this chapter [shall, before or during the

6-5 month of December of each year preceding a biennium during which he

6-6 desires to continue:

6-7 (a) The practice of architecture or residential design; or

6-8 (b) To practice as a registered interior designer,

6-9 submit a renewal fee pursuant to the provisions of this chapter,] must

6-10 submit to the board all required fees for renewal of the certificate, proof

6-11 of compliance with all of the requirements established by the board for

6-12 continuing education for the renewal of the certificate and the statement

6-13 required pursuant to NRS 623.225.

6-14 2. Upon receipt of the required fees for renewal , [fee,] proof

6-15 satisfactory to the board of compliance with all of the requirements

6-16 established by the board for continuing education and the statement, the

6-17 secretary of the board shall execute and issue a certificate renewal card to

6-18 the applicant, certifying that his certificate of registration is renewed for

6-19 the term of [a biennium.] 1 year after its date of expiration. The certificate

6-20 renewal card must bear a serial number and the signature or a facsimile

6-21 thereof of the secretary of the board or the executive director and must

6-22 bear the seal of the board.

6-23 3. The renewal must be recorded, together with its serial number, by

6-24 the secretary of the board in the official register of the board pursuant to

6-25 NRS 623.230.

6-26 Sec. 10. NRS 623.270 is hereby amended to read as follows:

6-27 623.270 1. The board may place the holder of any certificate of

6-28 registration issued pursuant to this chapter on probation, reprimand him,

6-29 [fine him not more than $10,000,] impose a civil penalty upon him

6-30 pursuant to NRS 623.365, suspend or revoke his license, impose the costs

6-31 of investigation and prosecution upon him or take any combination of

6-32 these disciplinary actions, if proof satisfactory to the board is presented

6-33 that:

6-34 (a) The certificate was obtained by fraud or concealment of a material

6-35 fact.

6-36 (b) The holder of the certificate has been found guilty by the board or

6-37 by a court of justice of any fraud, deceit or concealment of a material fact

6-38 in his professional practice, or has been convicted by a court of justice of a

6-39 crime involving moral turpitude.

6-40 (c) The holder of the certificate has been found guilty by the board of

6-41 incompetency, negligence or gross negligence in:

6-42 (1) The practice of architecture or residential design; or

6-43 (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 not

7-3 been prepared by him or in his office, or under his [direct supervision,]

7-4 responsible control, or has permitted the use of his name to assist any

7-5 person who is not a registered architect, registered interior designer or

7-6 residential designer to evade any provision of this chapter.

7-7 (e) The holder of a certificate has aided or abetted any unauthorized

7-8 person to practice:

7-9 (1) Architecture or residential design; or

7-10 (2) As a registered interior designer.

7-11 (f) The holder of the certificate has violated any law, regulation or code

7-12 of ethics pertaining to:

7-13 (1) The practice of architecture or residential design; or

7-14 (2) Practice as a registered interior designer.

7-15 (g) The holder of a certificate has failed to comply with an order issued

7-16 by the board or has failed to cooperate with an investigation conducted by

7-17 the board.

7-18 2. If discipline is imposed pursuant to this section, the costs of the

7-19 proceeding, including investigative costs and attorney’s fees, may be

7-20 recovered by the board.

7-21 [2.] 3. The conditions for probation imposed pursuant to subsection 1

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 all [parties] persons who suffered harm or

7-27 loss.

7-28 (e) Payment of all costs of the administrative investigation and

7-29 prosecution.

7-30 [3.] 4. As used in this section:

7-31 (a) "Gross negligence" means conduct which demonstrates a reckless

7-32 disregard of the consequences affecting the life or property of another

7-33 person.

7-34 (b) "Incompetency" means conduct which, in:

7-35 (1) The practice of architecture or residential design; or

7-36 (2) Practice as a registered interior designer,

7-37 demonstrates a significant lack of ability, knowledge or fitness to discharge

7-38 a professional obligation.

7-39 (c) "Negligence" means a deviation from the normal standard of

7-40 professional care exercised generally by other members in:

7-41 (1) The profession of architecture or residential design; or

7-42 (2) Practice as a registered interior designer.

8-1 Sec. 11. NRS 623.333 is hereby amended to read as follows:

8-2 623.333 1. An architect [or a residential designer] who is registered

8-3 pursuant to the provisions of this chapter is not required to obtain a

8-4 certificate of registration to practice as a registered interior designer.

8-5 2. A residential designer who is registered pursuant to the provisions

8-6 of this chapter is not required to obtain a certificate of registration to

8-7 practice as a registered interior designer with respect to:

8-8 (a) A single-family dwelling; or

8-9 (b) Multifamily dwelling structures that do not exceed two stories in

8-10 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:

8-12 623.350 1. Every office or place of business in this state of any

8-13 partnership, corporation, limited-liability company or other business

8-14 organization or association engaged in the practice of architecture , interior

8-15 design or residential design pursuant to the provisions of NRS 623.349

8-16 shall have , respectively, an architect , registered interior designer or

8-17 residential designer who is a [resident of this state] full-time employee and

8-18 holds a certificate of registration issued pursuant to this chapter regularly

8-19 working in the office or place of business and directly responsible for the

8-20 administration of , respectively, the architectural , interior design or

8-21 residential design work conducted in the office or place of business. The

8-22 provisions of this subsection do not apply to partnerships, corporations,

8-23 limited-liability companies or other business organization or associations

8-24 engaged in the practice of architecture , interior design or residential

8-25 design at offices established for construction administration.

8-26 2. A registrant or licensee practicing in a business organization or

8-27 association which holds a certificate issued pursuant to NRS 623.349

8-28 remains subject to NRS 89.220.

8-29 3. If a person who is not registered or licensed, or a registrant or

8-30 licensee who is not an owner, and who is employed by or affiliated with a

8-31 business organization or association which holds a certificate issued

8-32 pursuant to NRS 623.349 is found by the board to have violated a

8-33 provision of this chapter or a regulation of the board, the board may hold

8-34 the business organization or association and the registrants and licensees

8-35 who are owners responsible for the violation.

8-36 Sec. 13. NRS 623.353 is hereby amended to read as follows:

8-37 623.353 A residential designer shall not engage in rendering services

8-38 for any building or structure not specified in NRS 623.025 unless he does

8-39 so under the [direct supervision] responsible control of a registered

8-40 architect. In such cases , the architect is the sole contracting party, has full

8-41 responsibility for the work performed by the residential designer, shall

8-42 supervise any work performed by the residential designer and shall file the

9-1 agreement between the residential designer and the architect with the

9-2 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:

9-4 623.365 In addition to any other civil penalty provided by law, a

9-5 person who violates any provision of this chapter or any regulation

9-6 adopted by the board is subject to a civil penalty of not more than

9-7 [$10,000] $15,000 for each violation. Any such penalty must be imposed

9-8 by the board at a hearing for which written notice has been given not less

9-9 than 30 days before the hearing.

9-10 Sec. 15. NRS 89.040 is hereby amended to read as follows:

9-11 89.040 1. One or more persons may organize a professional

9-12 corporation in the manner provided for organizing a private corporation

9-13 pursuant to chapter 78 of NRS. Each person organizing the corporation

9-14 must, except as otherwise provided in subsection 2 of NRS 89.050 [,] and

9-15 NRS 623.349, be authorized to perform the professional service for which

9-16 the corporation is organized. The articles of incorporation must contain the

9-17 following additional information:

9-18 (a) The profession to be practiced by means of the professional

9-19 corporation.

9-20 (b) The names and post office [box] boxes or street addresses, either

9-21 residence or business, of the original stockholders and directors of the

9-22 professional corporation.

9-23 (c) A certificate from the regulating board of the profession to be

9-24 practiced showing that each of the directors, and each of the stockholders

9-25 who is a natural person, is licensed to practice the profession.

9-26 2. The corporate name of a professional corporation must contain the

9-27 words "Professional Corporation" or the abbreviation "Prof. Corp.," or the

9-28 word "Chartered" or "Limited" or the abbreviation "Ltd." The corporate

9-29 name must contain the last name of one or more of its stockholders. The

9-30 corporation may render professional services and exercise its authorized

9-31 powers under a fictitious name if the corporation has first registered the

9-32 name in the manner required by chapter 602 of NRS.

9-33 Sec. 16. NRS 89.050 is hereby amended to read as follows:

9-34 89.050 1. Except as otherwise provided in subsection 2 [,] and NRS

9-35 623.349, a professional corporation may be organized only for the purpose

9-36 of rendering one specific type of professional service and may not engage

9-37 in any business other than rendering the professional service for which it

9-38 was organized and services reasonably related thereto, except that a

9-39 professional corporation may own real and personal property appropriate

9-40 to its business and may invest its [funds] money in any form of real

9-41 property, securities or any other type of investment.

10-1 2. A professional corporation may be organized to render a

10-2 professional service relating to [:

10-3 (a) Architecture, interior design, engineering and landscape

10-4 architecture, or any combination thereof, and may be composed of persons:

10-5 (1) Engaged in the practice of architecture as provided in chapter 623

10-6 of NRS;

10-7 (2) Practicing as a registered interior designer as provided in chapter

10-8 623 of NRS;

10-9 (3) Engaged in the practice of landscape architecture as provided in

10-10 chapter 623A of NRS; and

10-11 (4) Engaged in the practice of professional engineering as provided

10-12 in chapter 625 of NRS.

10-13 (b) Medicine,] medicine, homeopathy and osteopathy, and may be

10-14 composed of persons engaged in the practice of medicine as provided in

10-15 chapter 630 of NRS, persons engaged in the practice of homeopathic

10-16 medicine as provided in chapter 630A of NRS and persons engaged in the

10-17 practice of osteopathic medicine as provided in chapter 633 of NRS. Such

10-18 a professional corporation may market and manage additional professional

10-19 corporations which are organized to render a professional service relating

10-20 to medicine, homeopathy and osteopathy.

10-21 3. A professional corporation may render a professional service only

10-22 through its officers and employees, all of whom must be authorized to

10-23 render that professional service.

10-24 Sec. 17. Section 36 of chapter 512, Statutes of Nevada 1995, as last

10-25 amended by chapter 483, Statutes of Nevada 1997, at page 2209, is hereby

10-26 amended to read as follows:

10-27 Sec. 36. Section 9 of this act is hereby amended to read as

10-28 follows:

10-29 Sec. 9. 1. An applicant for a certificate of registration to

10-30 practice as a registered interior designer must be of good moral

10-31 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 has

10-36 completed:

10-37 (1) At least 5 years of education in a program of interior

10-38 design or an equivalent number of credits and at least 1 year of

10-39 experience in interior design or residential interior design; or

10-40 (2) At least 4 years of education in a program of interior

10-41 design or an equivalent number of credits and at least 2 years of

10-42 experience in interior design or residential interior design;

11-1 [(3) At least 3 years of education in a program of interior

11-2 design or an equivalent number of credits and at least 3 years of

11-3 experience in interior design or residential interior design;

11-4 (4) At least 2 years of education in a program of interior

11-5 design or an equivalent number of credits and at least 4 years of

11-6 experience in interior design or residential interior design; or

11-7 (5) At least 6 consecutive years of experience in the practice

11-8 of interior design or residential interior design;] and

11-9 (e) A certificate issued by the National Council for Interior

11-10 Design Qualification as proof that he has passed the examination

11-11 prepared and administered by that organization.

11-12 2. Each program of interior design must be accredited by the

11-13 Foundation for Interior Design Education Research or approved by

11-14 the board.

11-15 3. The board shall, by regulation, adopt the standards of the

11-16 National Council for Interior Design Qualification for the

11-17 experience and equivalent credits required pursuant to subsection 1

11-18 as those standards exist on the date of the adoption of the

11-19 regulation.

11-20 4. An applicant for a certificate of registration to practice as a

11-21 registered interior designer must successfully complete an oral

11-22 interview conducted by the board.

11-23 5. Any application submitted to the board may be denied for

11-24 any violation of the provisions of this chapter.

11-25 Sec. 18. Notwithstanding the provisions of sections 5 and 9 of this act

11-26 to the contrary, a certificate of registration for an architect, registered

11-27 interior designer or residential designer that:

11-28 1. Is issued or renewed by the state board of architecture, interior

11-29 design and residential design before the effective date of those sections

11-30 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 a

11-32 period that expires on June 30, 2001. The fee for the renewal is 1 1/2 times

11-33 the annual fee for renewal established by the board.

11-34 3. Expires on December 31, 2000, must be renewed, if at all, for a

11-35 period that expires on June 30, 2002. The fee for the renewal is 1 1/2 times

11-36 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 act

11-40 become effective on October 1, 1999.

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