A.B. 467
Assembly Bill No. 467–Assemblymen Beers, Hettrick, Tiffany, Cegavske, Angle, Berman, Brower, Brown, Carpenter, Gibbons, Gustavson, Humke, Marvel, Nolan and Von Tobel
March 19, 2001
____________
Joint Sponsors: Senators Rawson, James, Amodei, Jacobsen, McGinness, O'Donnell and Washington
____________
Referred to Committee on Commerce and Labor
SUMMARY—Deregulates practice of interior design. (BDR 54‑1016)
FISCAL NOTE: Effect on Local Government: No.
~
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; deregulating the practice of interior design; revising the name of the state board of architecture, interior design and residential design; requiring city and county building codes to include provisions governing the fire safety of interior materials and furnishings; 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 623.019 is hereby amended to read as follows:
1-2 623.019 “Board” means the state board of architecture[, interior
1-3 design] and residential design.
1-4 Sec. 2. NRS 623.021 is hereby amended to read as follows:
1-5 623.021 “Certificate of registration” means the certificate of
1-6 registration issued by the board to:
1-7 1. An architect; or
1-8 2. [A registered interior designer; or
1-9 3.] A residential designer.
1-10 Sec. 3. NRS 623.050 is hereby amended to read as follows:
1-11 623.050 1. The state board of architecture[, interior design] and
1-12 residential design, consisting of [nine] seven members appointed by the
1-13 governor, is hereby created.
1-14 2. The governor shall appoint:
2-1 (a) Five members who are registered architects and have been in the
2-2 active practice of architecture in the State of Nevada for not less than 3
2-3 years preceding their appointment.
2-4 (b) One member who is a registered residential designer.
2-5 (c) [Two members who are registered interior designers and who are not
2-6 registered architects or residential designers.
2-7 (d)] One member who is a representative of the general public.
2-8 3. Members of the board must have been residents of this state for not
2-9 less than 2 years preceding their appointment.
2-10 4. The governor may, upon bona fide complaint, and for good cause
2-11 shown, after 10 days’ notice to any member against whom charges may be
2-12 filed, and after opportunity for hearing, remove the member for
2-13 inefficiency, neglect of duty or malfeasance in office.
2-14 5. The member who is a residential designer shall not participate in the
2-15 investigation or acceptance of his application or in the grading or
2-16 certification of his examination.
2-17 [6. The members who are registered interior designers shall not
2-18 participate in the investigation or acceptance of their applications or in the
2-19 grading or certification of their examinations.]
2-20 Sec. 4. NRS 623.140 is hereby amended to read as follows:
2-21 623.140 1. In November of each year, the board shall meet to
2-22 organize and elect officers as provided in this chapter.
2-23 2. The board shall:
2-24 (a) Adopt regulations governing the examination of applicants for
2-25 certificates to practice architecture[, interior design] or residential design
2-26 in this state.
2-27 (b) Adopt such other regulations as may be necessary and proper, not
2-28 inconsistent with this chapter.
2-29 Sec. 5. NRS 623.145 is hereby amended to read as follows:
2-30 623.145 1. Subject to the limitations imposed by subsections 2[, 3
2-31 and 4,] and 3, the board shall adopt codes of ethics consistent with the
2-32 constitution and laws of this state that are binding upon persons registered
2-33 pursuant to the provisions of this chapter. [Such] The codes of ethics must
2-34 have as their only purpose the maintenance of a high standard of integrity,
2-35 dignity and professional responsibility by members of the profession.
2-36 2. The board shall prepare the code of ethics for architects. Before the
2-37 adoption of the code, a copy must be sent to every registered architect in
2-38 this state. Those architects may vote on each item in the proposed code.
2-39 The board may adopt each item unless 25 percent or more of the registered
2-40 architects in this state vote against that item.
2-41 3. The board shall prepare the code of ethics for residential designers.
2-42 Before the adoption of the code, a copy must be sent to every registered
2-43 residential designer in this state. Those residential designers may vote on
2-44 each item in the proposed code. The board may adopt each item unless 25
2-45 percent or more of the registered residential designers in this state vote
2-46 against that item.
2-47 [4. The board shall prepare the code of ethics for registered interior
2-48 designers. Before the adoption of the code, a copy must be sent to each
2-49 registered interior designer in this state. Those registered interior designers
3-1 may vote on each item in the proposed code. The board may adopt each
3-2 item unless 25 percent or more of the registered interior designers in this
3-3 state vote against that item.]
3-4 Sec. 6. NRS 623.180 is hereby amended to read as follows:
3-5 623.180 1. No person may practice:
3-6 (a) Architecture or use the title of architect; or
3-7 (b) Residential design or use the title of residential designer , [; or
3-8 (c) As a registered interior designer or use the title of registered interior
3-9 designer,]
3-10 in this state without having a certificate of registration issued to him
3-11 pursuant to the provisions of this chapter.
3-12 2. Whenever the requirements for registration pursuant to the
3-13 provisions of this chapter have been fully complied with and fulfilled by an
3-14 applicant, the board shall issue to the successful applicant a certificate as a
3-15 registered architect[, registered interior designer] or residential designer. If
3-16 the certificate will be issued after the beginning of a biennium, the
3-17 applicant shall pay the full fee which is prescribed.
3-18 3. The certificate is synonymous with registration with a serial number
3-19 and seal. A person who is issued a certificate may practice architecture or
3-20 residential design [or may practice as a registered interior designer] in this
3-21 state, subject to the provisions of this chapter and the regulations of the
3-22 board.
3-23 4. The unauthorized use or display of a certificate of registration is
3-24 unlawful.
3-25 Sec. 7. NRS 623.183 is hereby amended to read as follows:
3-26 623.183 An application for the issuance of a certificate of registration
3-27 to practice architecture or residential design [or to practice as a registered
3-28 interior designer] must include the social security number of the applicant.
3-29 Sec. 8. NRS 623.185 is hereby amended to read as follows:
3-30 623.185 1. Upon being issued a certificate of registration, each
3-31 registered architect[, registered interior designer] or residential designer
3-32 shall obtain a seal of the design authorized by the board, bearing the
3-33 [architect’s, registered interior designer’s or residential designer’s name,]
3-34 name of the architect or residential designer, the number of his certificate
3-35 of registration, and the legend [“Registered Architect,” “Registered Interior
3-36 Designer”] “Registered Architect” or “Residential Designer.”
3-37 2. Plans, specifications, reports and other documents issued by a
3-38 registered architect[, registered interior designer] or residential designer
3-39 for official use must be signed, sealed and dated on the title page by the
3-40 architect or designer.
3-41 3. It is unlawful for a person to stamp or seal any plans, specifications,
3-42 reports or other documents with the seal after the certificate of registration
3-43 of the architect[, registered interior designer] or residential designer[,]
3-44 named therein[,] has expired or has been suspended or revoked, unless the
3-45 certificate has been renewed or reissued.
3-46 [4. Any plan, drawing, specification or other document prepared by a
3-47 registered interior designer must contain a statement that the plan, study,
3-48 drawing, specification or other document was prepared by a registered
3-49 interior designer registered pursuant to the provisions of this chapter.]
4-1 Sec. 9. NRS 623.190 is hereby amended to read as follows:
4-2 623.190 1. Any person who is at least 21 years of age and of good
4-3 moral character and who meets the requirements for education and
4-4 practical training established by the board by regulation may apply to the
4-5 board for registration pursuant to this section as an architect.
4-6 2. Each year of study, up to and including 5 years of study,
4-7 satisfactorily completed in an architectural program accredited by the
4-8 National Architectural Accrediting Board, any program of architecture in
4-9 the State of Nevada or any architectural program approved by the state
4-10 board of architecture[, interior design] and residential design is considered
4-11 equivalent to 1 year of experience in architectural work for the purpose of
4-12 registration as an architect.
4-13 3. The board shall, by regulation, establish standards for examinations
4-14 which must be consistent with standards employed by other states. The
4-15 board may adopt the standards of the National Council of Architectural
4-16 Registration Boards, and the examination and grading procedure of that
4-17 organization, as they exist on the date of adoption. Examinations may
4-18 include tests in such technical and professional subjects as are prescribed
4-19 by the board.
4-20 4. If the board adopts the examination of the National Council of
4-21 Architectural Registration Boards, an applicant for registration as an
4-22 architect who wishes to:
4-23 (a) Take the examination must pay to the entity which administers the
4-24 examination the fee charged by that entity for taking the examination and
4-25 pay to the board a processing fee as provided in NRS 623.310.
4-26 (b) Retake any part or parts of the examination which he previously
4-27 failed must pay to the entity which administers the examination the fee
4-28 charged by that entity for retaking such part or parts.
4-29 5. Any person who is at least 21 years of age and of good moral
4-30 character and who has a total of 5 years of credit for education or practical
4-31 training, or a combination thereof which is acceptable to the board, may
4-32 apply to the board for registration as a residential designer. The board shall,
4-33 by regulation, establish the amount of credit allowed for education,
4-34 practical training or a combination thereof.
4-35 6. The board shall, by regulation, establish the standards for the
4-36 examination to qualify as a residential designer, which may be required as
4-37 part of the examination to be an architect. The examination must consist of
4-38 at least:
4-39 (a) A written examination covering:
4-40 (1) Structural technology;
4-41 (2) Materials and methods of construction;
4-42 (3) Systems for environmental control; and
4-43 (4) Graphic design; and
4-44 (b) An oral interview of the applicant by the board upon the successful
4-45 completion of the written portion of the examination.
4-46 7. Any application to the board may be denied for any violation of this
4-47 chapter.
5-1 Sec. 10. NRS 623.200 is hereby amended to read as follows:
5-2 623.200 1. Upon complying with the requirements set forth in NRS
5-3 623.190 and 623.225, and before receiving a certificate or being registered
5-4 as an architect, the applicant must pass an examination adopted or
5-5 otherwise prescribed by the board, unless the applicant has applied for the
5-6 certificate and registration without examination as provided in this chapter.
5-7 2. Upon complying with the applicable requirements of this chapter
5-8 and passing the examination, an applicant is entitled to be registered as a
5-9 residential designer and receive a certificate of registration. A person may
5-10 not be simultaneously registered as an architect and a residential designer.
5-11 3. [Upon complying with the requirements set forth in NRS 623.192
5-12 and 623.225, and before receiving a certificate or being registered as a
5-13 registered interior designer, the applicant must pass an examination in such
5-14 technical and professional courses as may be established by the board.
5-15 4.] The board shall give or provide for examinations at least once each
5-16 year, unless no applications for examinations are pending with the board.
5-17 Sec. 11. NRS 623.220 is hereby amended to read as follows:
5-18 623.220 1. The board shall issue a certificate of registration as an
5-19 architect or a residential designer, upon payment of a registration fee
5-20 pursuant to NRS 623.310, to any applicant who complies with the
5-21 provisions of NRS 623.190 and 623.225 and passes the examinations, or in
5-22 lieu thereof brings himself within the provisions of NRS 623.210.
5-23 2. [The board shall issue a certificate of registration to practice as a
5-24 registered interior designer upon payment of a registration fee pursuant to
5-25 NRS 623.310 to any applicant who complies with the provisions of NRS
5-26 623.192, 623.200 and 623.225.
5-27 3.] Certificates of registration must include the full name of the
5-28 registrant, have a serial number , and be signed by the chairman and the
5-29 secretary of the board under seal of the board. The issuance of a certificate
5-30 of registration by the board is evidence that the person named therein is
5-31 entitled to all the rights and privileges of an architect[, registered interior
5-32 designer] or residential designer while the certificate remains unsuspended,
5-33 unrevoked and unexpired.
5-34 Sec. 12. NRS 623.225 is hereby amended to read as follows:
5-35 623.225 1. An applicant for the issuance or renewal of a certificate
5-36 of registration to practice architecture or residential design [or to practice
5-37 as a registered interior designer] shall submit to the board the statement
5-38 prescribed by the welfare division of the department of human resources
5-39 pursuant to NRS 425.520. The statement must be completed and signed by
5-40 the applicant.
5-41 2. The board shall include the statement required pursuant to
5-42 subsection 1 in:
5-43 (a) The application or any other forms that must be submitted for the
5-44 issuance or renewal of the certificate of registration; or
5-45 (b) A separate form prescribed by the board.
5-46 3. A certificate of registration may not be issued or renewed by the
5-47 board if the applicant:
5-48 (a) Fails to submit the statement required pursuant to subsection 1; or
6-1 (b) Indicates on the statement submitted pursuant to subsection 1 that he
6-2 is subject to a court order for the support of a child and is not in
6-3 compliance with the order or a plan approved by the district attorney or
6-4 other public agency enforcing the order for the repayment of the amount
6-5 owed pursuant to the order.
6-6 4. If an applicant indicates on the statement submitted pursuant to
6-7 subsection 1 that he is subject to a court order for the support of a child and
6-8 is not in compliance with the order or a plan approved by the district
6-9 attorney or other public agency enforcing the order for the repayment of
6-10 the amount owed pursuant to the order, the board shall advise the applicant
6-11 to contact the district attorney or other public agency enforcing the order to
6-12 determine the actions that the applicant may take to satisfy the arrearage.
6-13 Sec. 13. NRS 623.230 is hereby amended to read as follows:
6-14 623.230 The secretary of the board shall keep an official register of all
6-15 certificates of registration to practice[:
6-16 1. Architecture] architecture or residential design[; or
6-17 2. As a registered interior designer,]issued and renewed pursuant to
6-18 the provisions of this chapter. The register must be properly indexed and
6-19 open for public inspection and information.
6-20 Sec. 14. NRS 623.250 is hereby amended to read as follows:
6-21 623.250 1. Each architect[, registered interior designer] or
6-22 residential designer who holds a certificate of registration pursuant to the
6-23 provisions of this chapter shall, before or during the month of December of
6-24 each year preceding a biennium during which he desires to continue[:
6-25 (a) The] the practice of architecture or residential design , [; or
6-26 (b) To practice as a registered interior designer,]submit a renewal fee
6-27 pursuant to the provisions of this chapter, proof of compliance with all [of]
6-28 the requirements established by the board for continuing education for the
6-29 renewal of the certificate and the statement required pursuant to NRS
6-30 623.225.
6-31 2. Upon receipt of the renewal fee, proof satisfactory to the board of
6-32 compliance with all [of] the requirements established by the board for
6-33 continuing education and the statement, the secretary of the board shall
6-34 execute and issue a certificate renewal card to the applicant, certifying that
6-35 his certificate of registration is renewed for the term of a biennium. The
6-36 certificate renewal card must bear a serial number and the signature or a
6-37 facsimile thereof of the secretary of the board or the executive director and
6-38 must bear the seal of the board.
6-39 3. The renewal must be recorded, together with its serial number, by
6-40 the secretary of the board in the official register of the board pursuant to
6-41 NRS 623.230.
6-42 Sec. 15. NRS 623.255 is hereby amended to read as follows:
6-43 623.255 The board may, by regulation, require each architect[,
6-44 registered interior designer] or residential designer who holds a certificate
6-45 of registration pursuant to the provisions of this chapter to complete not
6-46 more than 12 hours per year of continuing education as a condition to the
6-47 renewal of his certificate.
7-1 Sec. 16. NRS 623.270 is hereby amended to read as follows:
7-2 623.270 1. The board may place the holder of any certificate of
7-3 registration issued pursuant to this chapter on probation, reprimand him,
7-4 fine him not more than $10,000, suspend or revoke his license, impose the
7-5 costs of investigation and prosecution upon him or take any combination of
7-6 these disciplinary actions, if proof satisfactory to the board is presented
7-7 that:
7-8 (a) The certificate was obtained by fraud or concealment of a material
7-9 fact.
7-10 (b) The holder of the certificate has been found guilty by the board or
7-11 by a court of justice of any fraud, deceit or concealment of a material fact
7-12 in his professional practice, or has been convicted by a court of justice of a
7-13 crime involving moral turpitude.
7-14 (c) The holder of the certificate has been found guilty by the board of
7-15 incompetency, negligence or gross negligence in[:
7-16 (1) The] the practice of architecture or residential design . [; or
7-17 (2) His practice as a registered interior designer.]
7-18 (d) The holder of a certificate has affixed his signature or seal to plans,
7-19 drawings, specifications or other instruments of service which have not
7-20 been prepared by him or in his office, or under his direct supervision, or
7-21 has permitted the use of his name to assist any person who is not a
7-22 registered architect[, registered interior designer] or residential designer to
7-23 evade any provision of this chapter.
7-24 (e) The holder of a certificate has aided or abetted any unauthorized
7-25 person to practice[:
7-26 (1) Architecture] architecture or residential design . [; or
7-27 (2) As a registered interior designer.]
7-28 (f) The holder of the certificate has violated any law, regulation or code
7-29 of ethics pertaining to[:
7-30 (1) The] the practice of architecture or residential design . [; or
7-31 (2) Practice as a registered interior designer.]
7-32 (g) The holder of a certificate has failed to comply with an order issued
7-33 by the board or has failed to cooperate with an investigation conducted by
7-34 the board.
7-35 If discipline is imposed pursuant to this section, the costs of the
7-36 proceeding, including investigative costs and attorney’s fees, may be
7-37 recovered by the board.
7-38 2. The conditions for probation imposed pursuant to subsection 1 may
7-39 include, but are not limited to:
7-40 (a) Restriction on the scope of professional practice.
7-41 (b) Peer review.
7-42 (c) Required education or counseling.
7-43 (d) Payment of restitution to all parties who suffered harm or loss.
7-44 (e) Payment of all costs of the administrative investigation and
7-45 prosecution.
7-46 3. As used in this section:
7-47 (a) “Gross negligence” means conduct which demonstrates a reckless
7-48 disregard of the consequences affecting the life or property of another
7-49 person.
8-1 (b) “Incompetency” means conduct which, in[:
8-2 (1) The] the practice of architecture or residential design , [; or
8-3 (2) Practice as a registered interior designer,]demonstrates a
8-4 significant lack of ability, knowledge or fitness to discharge a professional
8-5 obligation.
8-6 (c) “Negligence” means a deviation from the normal standard of
8-7 professional care exercised generally by other members in[:
8-8 (1) The] the profession of architecture or residential design . [; or
8-9 (2) Practice as a registered interior designer.]
8-10 Sec. 17. NRS 623.280 is hereby amended to read as follows:
8-11 623.280 Proceedings for the revocation of a certificate of registration
8-12 to practice[:
8-13 1. Architecture] architecture or residential design[; or
8-14 2. As a registered interior designer,]must be preceded by a 30-day
8-15 written notice of the charges filed with the board. The board shall file a
8-16 written report of its findings in the record of its proceedings and a copy of
8-17 the report must be sent to the accused.
8-18 Sec. 18. NRS 623.285 is hereby amended to read as follows:
8-19 623.285 1. If the board receives a copy of a court order issued
8-20 pursuant to NRS 425.540 that provides for the suspension of all
8-21 professional, occupational and recreational licenses, certificates and
8-22 permits issued to a person who is the holder of a certificate of registration
8-23 to practice architecture or residential design , [or to practice as a registered
8-24 interior designer,] the board shall deem the certificate of registration issued
8-25 to that person to be suspended at the end of the 30th day after the date on
8-26 which the court order was issued unless the board receives a letter issued to
8-27 the holder of the certificate of registration by the district attorney or other
8-28 public agency pursuant to NRS 425.550 stating that the holder of the
8-29 certificate of registration has complied with the subpoena or warrant or has
8-30 satisfied the arrearage pursuant to NRS 425.560.
8-31 2. The board shall reinstate a certificate of registration to practice
8-32 architecture or residential design [or to practice as a registered interior
8-33 designer] that has been suspended by a district court pursuant to NRS
8-34 425.540 if the board receives a letter issued by the district attorney or other
8-35 public agency pursuant to NRS 425.550 to the person whose certificate of
8-36 registration was suspended stating that the person whose certificate of
8-37 registration was suspended has complied with the subpoena or warrant or
8-38 has satisfied the arrearage pursuant to NRS 425.560.
8-39 Sec. 19. NRS 623.290 is hereby amended to read as follows:
8-40 623.290 If the guilt of the accused is established in the opinion of the
8-41 majority of the board, the secretary shall make proper entry in the record of
8-42 its proceedings, stating the findings of the board and the penalty, if any. If
8-43 the registration of an architect[, registered interior designer] or residential
8-44 designer is suspended or revoked, or he is given a written reprimand,
8-45 notation of the penalty must be entered in the register of architects[,
8-46 register of registered interior designers] or register of residential designers
8-47 and in his personnel file. Notification of the suspension, revocation or
8-48 written reprimand must be sent to the National Council of Architectural
8-49 Registration Boards . [or the National Council for Interior Design
9-1 Qualification, as appropriate.] The secretary shall give notice in writing of
9-2 the decision and penalty to the holder of the certificate.
9-3 Sec. 20. NRS 623.330 is hereby amended to read as follows:
9-4 623.330 1. The following persons are exempt from the provisions of
9-5 this chapter:
9-6 (a) A person engaging in architectural work as an employee of a
9-7 registered architect or residential designer, if the work does not include
9-8 responsible charge of design or supervision, or a consultant retained by a
9-9 registered architect or residential designer.
9-10 (b) A person hired by the Federal Government to practice architecture
9-11 on federal land.
9-12 (c) A professional engineer licensed pursuant to the provisions of
9-13 chapter 625 of NRS who designs buildings as permitted by chapter 625 of
9-14 NRS.
9-15 (d) A contractor licensed pursuant to the provisions of chapter 624 of
9-16 NRS who provides his own drawings for his own construction activities.
9-17 (e) Any person who prepares plans, drawings or specifications for:
9-18 (1) Buildings for his own private residential use;
9-19 (2) Farm or ranch buildings used as such; or
9-20 (3) Buildings owned by that person or his employer when an
9-21 architect, [a registered interior designer,] a residential designer or a
9-22 licensed professional engineer is also engaged by that person or his
9-23 employer for work on the same building.
9-24 [(f) A person engaging in work related to interior design as an employee
9-25 of a registered interior designer, if the work does not include responsible
9-26 charge of interior design or supervision, or a consultant retained by a
9-27 registered interior designer.
9-28 (g) Any person who prepares drawings of the layout of materials or
9-29 furnishings used in interior design or provides assistance in the selection of
9-30 materials or furnishings used in interior design, including, without
9-31 limitation:
9-32 (1) Decorative accessories;
9-33 (2) Wallpaper, wallcoverings or paint;
9-34 (3) Linoleum, tile, carpeting or floor coverings;
9-35 (4) Draperies, blinds or window coverings;
9-36 (5) Lighting fixtures which are not part of a structure;
9-37 (6) Plumbing fixtures which are not a part of a structure; and
9-38 (7) Furniture or equipment,
9-39 if the preparation or implementation of those drawings or the installation of
9-40 those materials or furnishings is not regulated by any building code or
9-41 other law, ordinance, rule or regulation governing the alteration or
9-42 construction of a structure.
9-43 (h) Any person who holds a certificate of registration issued by the state
9-44 fire marshal to provide approved interior materials and furnishings used in
9-45 interior design to the extent authorized by the certificate.]
9-46 2. Any person exempted by the provisions of this section is not thereby
9-47 absolved from any civil or criminal liability that might otherwise accrue.
9-48 3. The exemptions provided by this section do not entitle any person
9-49 who does not hold a certificate of registration to hold himself out to the
10-1 public or advertise himself as an architect[, registered interior designer] or
10-2 residential designer.
10-3 Sec. 21. NRS 623.349 is hereby amended to read as follows:
10-4 623.349 1. Architects, [registered interior designers,] residential
10-5 designers, professional engineers and landscape architects may join or form
10-6 a partnership, corporation, limited-liability company or other business
10-7 organization or association with registrants and licensees outside of their
10-8 field of practice, or with persons who are not registered or licensed, if
10-9 control and two-thirds ownership of the business organization or
10-10 association is held by persons registered or licensed in this state pursuant to
10-11 the applicable provisions of this chapter, chapter 623A or 625 of NRS.
10-12 2. If a partnership, corporation, limited-liability company or other form
10-13 of business organization or association wishes to practice pursuant to the
10-14 provisions of this section, it must:
10-15 (a) Demonstrate to the board that it is in compliance with all provisions
10-16 of this section.
10-17 (b) Pay the fee for a certificate of registration pursuant to NRS 623.310.
10-18 (c) Qualify to do business in this state.
10-19 (d) If it is a corporation, register with the board and furnish to the board
10-20 a complete list of all stockholders when it first files with the board and
10-21 annually thereafter within 30 days after the annual meeting of the
10-22 stockholders of the corporation, showing the number of shares held by each
10-23 stockholder.
10-24 (e) If it is a partnership, limited-liability company or other form of
10-25 business organization or association, register with the board and furnish to
10-26 the board such information analogous to that required by paragraph (d) as
10-27 the board may prescribe by regulation.
10-28 3. A partnership, corporation, limited-liability company or other form
10-29 of business organization or association practicing under the provisions of
10-30 this section may not perform, promote or advertise the services of a
10-31 registrant or licensee unless that registrant or licensee is an owner of the
10-32 business organization or association.
10-33 4. As used in this section, “control” means the direct or indirect
10-34 possession of the power to direct or cause the direction of the management
10-35 and policies of a business organization or association.
10-36 Sec. 22. NRS 623.360 is hereby amended to read as follows:
10-37 623.360 1. It is unlawful for any person to:
10-38 (a) Hold himself out to the public or to solicit business as an architect[,
10-39 registered interior designer] or residential designer in this state without
10-40 having a certificate of registration or temporary certificate issued by the
10-41 board. [This paragraph does not prohibit a person who is exempt, pursuant
10-42 to NRS 623.330, from the provisions of this chapter from holding himself
10-43 out to the public or soliciting business as an interior designer.]
10-44 (b) Advertise or put out any sign, card or other device which indicates
10-45 to the public that he is an architect[, registered interior designer] or
10-46 residential designer , or that he is otherwise qualified to[:
10-47 (1) Engage] engage in the practice of architecture or residential
10-48 design , [; or
11-1 (2) Practice as a registered interior designer,]without having a
11-2 certificate of registration issued by the board.
11-3 (c) Engage in the practice of architecture or residential design [or
11-4 practice as a registered interior designer] without a certificate of
11-5 registration issued by the board.
11-6 (d) Violate any other provision of this chapter.
11-7 2. Any person who violates any of the provisions of subsection 1:
11-8 (a) For the first violation, is guilty of a misdemeanor and shall be
11-9 punished by a fine of not less than $500 nor more than $1,000, and may be
11-10 further punished by imprisonment in the county jail for not more than 6
11-11 months.
11-12 (b) For the second or any subsequent violation, is guilty of a gross
11-13 misdemeanor and shall be punished by a fine of not less than $1,000 nor
11-14 more than $2,000, and may be further punished by imprisonment in the
11-15 county jail for not more than 1 year.
11-16 3. If any person has engaged or is about to engage in any acts or
11-17 practices which constitute or will constitute an offense against this chapter,
11-18 the district court of any county, on application of the board, may issue an
11-19 injunction or other appropriate order restraining such conduct. Proceedings
11-20 pursuant to this subsection are governed by Rule 65 of the Nevada Rules of
11-21 Civil Procedure, except that no bond or undertaking is required in any
11-22 action commenced by the board.
11-23 Sec. 23. NRS 623A.250 is hereby amended to read as follows:
11-24 623A.250 1. A firm, partnership, corporation or association may
11-25 engage in the practice of landscape architecture if:
11-26 (a) All work is under the supervision and direction of a certificate
11-27 holder;
11-28 (b) The name or names of all certificate holders appear in the name of
11-29 the firm, partnership, corporation or association;
11-30 (c) The name of the certificate holder appears on all papers or
11-31 documents used in the practice of landscape architecture; and
11-32 (d) All instruments of service are signed by the certificate holder.
11-33 2. Architects, [registered interior designers,] residential designers,
11-34 professional engineers and landscape architects may, in accordance with
11-35 NRS 623.349, join or form a partnership, corporation, limited-liability
11-36 company or other business organization or association with registrants and
11-37 licensees outside of their field of practice, or with persons who are not
11-38 registered or licensed.
11-39 Sec. 24. NRS 625.407 is hereby amended to read as follows:
11-40 625.407 1. Except as otherwise provided in this section:
11-41 (a) A firm, partnership, corporation or other person engaged in or
11-42 offering to engage in the practice of engineering or land surveying in this
11-43 state shall employ full time at least one professional engineer or
11-44 professional land surveyor, respectively, at each place of business where
11-45 the work is or will be performed; and
11-46 (b) All engineering or land-surveying work done at a place of business
11-47 must be performed under a professional engineer or professional land
11-48 surveyor, respectively, who has been placed in responsible charge of the
11-49 work and who is employed full time at that particular place of business.
12-1 2. If the only professional engineer or professional land surveyor
12-2 employed full time at a place of business where engineering or land-
12-3 surveying work is performed ceases to be employed at that place of
12-4 business, during the 30 days next following his departure:
12-5 (a) The place of business is not required to employ full time a
12-6 professional engineer or professional land surveyor; and
12-7 (b) The professional engineer or professional land surveyor placed in
12-8 responsible charge of engineering or land-surveying work performed at the
12-9 place of business is not required to be employed full time at that place of
12-10 business.
12-11 3. Except as otherwise provided in subsection 5:
12-12 (a) A firm, partnership, corporation or other person who performs or
12-13 offers to perform engineering services in a certain discipline at a particular
12-14 place of business in this state shall employ full time at that place of
12-15 business a professional engineer licensed in that discipline.
12-16 (b) Each person who holds himself out as practicing a certain discipline
12-17 of engineering must be licensed in that discipline or employ full time a
12-18 professional engineer licensed in that discipline.
12-19 4. Architects, [registered interior designers,] residential designers,
12-20 professional engineers and landscape architects may, in accordance with
12-21 the provisions of NRS 623.349, join or form a partnership, corporation,
12-22 limited-liability company or other business organization or association with
12-23 registrants and licensees outside of their field of practice, or with persons
12-24 who are not registered or licensed.
12-25 5. The provisions of this section do not apply to a firm, partnership,
12-26 corporation or other person who:
12-27 (a) Practices professional engineering for his benefit and does not
12-28 engage in the practice of professional engineering or offer professional
12-29 engineering services to other persons; or
12-30 (b) Is engaged in the practice of professional engineering or land
12-31 surveying in offices established for limited or temporary purposes,
12-32 including offices established for the convenience of field survey crews or
12-33 offices established for inspecting construction.
12-34 Sec. 25. NRS 89.050 is hereby amended to read as follows:
12-35 89.050 1. Except as otherwise provided in subsection 2, a
12-36 professional corporation may be organized only for the purpose of
12-37 rendering one specific type of professional service and may not engage in
12-38 any business other than rendering the professional service for which it was
12-39 organized and services reasonably related thereto, except that a
12-40 professional corporation may own real and personal property appropriate to
12-41 its business and may invest its [funds] money in any form of real property,
12-42 securities or any other type of investment.
12-43 2. A professional corporation may be organized to render a
12-44 professional service relating to:
12-45 (a) Architecture, [interior design,] engineering and landscape
12-46 architecture, or any combination thereof, and may be composed of persons
12-47 [:
12-48 (1) Engaged] engaged in the practice of [architecture] :
12-49 (1) Architecture as provided in chapter 623 of NRS;
13-1 (2) [Practicing as a registered interior designer as provided in chapter
13-2 623 of NRS;
13-3 (3) Engaged in the practice of landscape] Landscape architecture as
13-4 provided in chapter 623A of NRS; and
13-5 [(4) Engaged in the practice of professional]
13-6 (3) Professional engineering as provided in chapter 625 of NRS.
13-7 (b) Medicine, homeopathy and osteopathy, and may be composed of
13-8 persons engaged in the practice of medicine as provided in chapter 630 of
13-9 NRS, persons engaged in the practice of homeopathic medicine as
13-10 provided in chapter 630A of NRS and persons engaged in the practice of
13-11 osteopathic medicine as provided in chapter 633 of NRS. Such a
13-12 professional corporation may market and manage additional professional
13-13 corporations which are organized to render a professional service relating
13-14 to medicine, homeopathy and osteopathy.
13-15 3. A professional corporation may render a professional service only
13-16 through its officers and employees, all of whom must be authorized to
13-17 render that professional service.
13-18 Sec. 26. NRS 278.580 is hereby amended to read as follows:
13-19 278.580 1. Subject to the limitation set forth in NRS 244.368, the
13-20 governing body of any city or county may adopt a building code,
13-21 specifying the design, soundness and materials of structures, and may
13-22 adopt rules, ordinances and regulations for the enforcement of the building
13-23 code.
13-24 2. The governing body may also fix a reasonable schedule of fees for
13-25 the issuance of building permits. A schedule of fees so fixed does not apply
13-26 to the State of Nevada, the University and Community College System of
13-27 Nevada or any school district, except that such entities may contract with
13-28 the governing body to pay such fees for the issuance of building permits,
13-29 the review of plans and the inspection of construction. Except as it may
13-30 agree to in such a contract, a governing body is not required to provide for
13-31 the review of plans or the inspection of construction with respect to a
13-32 structure of the State of Nevada, the University and Community College
13-33 System of Nevada or any school district.
13-34 3. Notwithstanding any other provision of law, the state and its
13-35 political subdivisions shall comply with all zoning regulations adopted
13-36 pursuant to this chapter, except for the expansion of any activity existing
13-37 on April 23, 1971.
13-38 4. A local governing body shall amend its building codes to permit the
13-39 use of straw or other materials and technologies which conserve scarce
13-40 natural resources or resources that are renewable in the construction of a
13-41 structure and the use of solar energy for the heating of a structure, to the
13-42 extent the local climate allows, as intended by:
13-43 (a) The Uniform Building Code adopted by the International
13-44 Conference of Building Officials in the form most recently published
13-45 before March 1, 1995; and
13-46 (b) The Model Energy Code adopted by the Council of American
13-47 Building Officials in the form most recently
published before
March 1, 1995.
14-1 5. Each city or county building code must include provisions
14-2 governing the fire safety of interior materials and furnishings.
14-3 Sec. 27. NRS 278.589 is hereby amended to read as follows:
14-4 278.589 A city or county building inspector, or other officer
14-5 performing the functions of that position, shall notify the state board of
14-6 architecture[, interior design] and residential design in writing if a
14-7 registered architect[, interior designer] or residential designer:
14-8 1. Submits plans for a project which are substantially incomplete; or
14-9 2. Submits plans for the same project which are rejected by the city or
14-10 county officer at least three times.
14-11 Sec. 28. NRS 338.175 is hereby amended to read as follows:
14-12 338.175 A public body shall notify the state board of architecture[,
14-13 interior design] and residential design in writing if a registered architect[,
14-14 interior designer] or residential designer:
14-15 1. Submits plans for a project which are substantially incomplete; or
14-16 2. Submits plans for the same project which are rejected by the public
14-17 body at least three times.
14-18 Sec. 29. NRS 477.032 is hereby amended to read as follows:
14-19 477.032 1. The state fire marshal shall, by regulation, provide for the
14-20 registration of qualified interior designers who provide interior materials
14-21 and furnishings regulated by a building code.
14-22 2. The regulations must set forth:
14-23 (a) The qualifications necessary for the issuance of a certificate of
14-24 registration pursuant to this section, including, without limitation, the
14-25 submission of evidence of the successful completion of a course of study
14-26 approved by the state fire marshal regarding applicable building codes and
14-27 other related information.
14-28 (b) The criteria for approving instructors and courses of study regarding
14-29 applicable building codes and other related information.
14-30 (c) Any continuing education necessary for the renewal of a certificate
14-31 of registration issued pursuant to this section.
14-32 [3. A person licensed or registered by the state board of architecture,
14-33 interior design and residential design pursuant to chapter 623 of NRS is not
14-34 eligible for the issuance of a certificate of registration pursuant to this
14-35 section.]
14-36 Sec. 30. Section 518 of chapter 483, Statutes of Nevada 1997, as
14-37 amended by section 57 of chapter 105, Statutes of Nevada 1999, at page
14-38 520, is hereby amended to read as follows:
14-39 Sec. 518. The amendatory provisions of sections 1 to 4.5,
14-40 inclusive, 6 to 16, inclusive, 17 to 21, inclusive, 22 to 167, inclusive,
14-41 168 to 172, inclusive, 173 to 193, inclusive, 194 to 216, inclusive, 218
14-42 to 507, inclusive, 508, 509 to 509.3, inclusive, and 509.4 to 516.1,
14-43 inclusive, of this act expire by limitation on the date on which the
14-44 provisions of 42 U.S.C. § 666 requiring each state to establish
14-45 procedures under which the state has authority to withhold or suspend,
14-46 or to restrict the use of professional, occupational and recreational
14-47 licenses of persons who:
15-1 1. Have failed to comply with a subpoena or warrant relating to a
15-2 proceeding to determine the paternity of a child or to establish or
15-3 enforce an obligation for the support of a child; or
15-4 2. Are in arrears in the payment for the support of one or more
15-5 children,
15-6 are repealed by the Congress of the United States.
15-7 Sec. 31. 1. NRS 623.0225, 623.026, 623.192, 623.333 and 623.354
15-8 are hereby repealed.
15-9 2. Section 39 of chapter 512, Statutes of Nevada 1995, at page 1705, is
15-10 hereby repealed.
15-11 Sec. 32. The terms of office of the two members of the state board of
15-12 architecture, interior design and residential design whose offices on the
15-13 board are eliminated by the amendatory provisions of section 3 of this act
15-14 expire on July 1, 2001.
15-15 Sec. 33. Each certificate of registration to practice as a registered
15-16 interior designer issued by the state board of architecture, interior design
15-17 and residential design expires on July 1, 2001.
15-18 Sec. 34. All regulations of the state board of architecture, interior
15-19 design and residential design are void to the extent that they regulate
15-20 interior designers or the practice of interior design.
15-21 Sec. 35. This act becomes effective on July 1, 2001.
15-22 Sec. 36. The legislative counsel shall:
15-23 1. In preparing the reprint and supplements to the Nevada Revised
15-24 Statutes, with respect to any section that is not amended by this act or is
15-25 further amended by another act, appropriately change any reference to the
15-26 “state board of architecture, interior design and residential design” to the
15-27 “state board of architecture and residential design.”
15-28 2. In preparing supplements to the Nevada Administrative Code:
15-29 (a) Appropriately change any reference to the “state board of
15-30 architecture, interior design and residential design” to the “state board of
15-31 architecture and residential design.”
15-32 (b) Appropriately delete those portions of the regulations of the state
15-33 board of architecture, interior design and residential design that are void
15-34 pursuant to section 34 of this act.
15-35 LEADLINES AND TEXT OF REPEALED SECTIONS
15-36 623.0225 “Practice as a registered interior designer” defined.
15-37 623.026 “Registered interior designer” defined.
15-38 623.192 Certificate of registration to practice interior design:
15-39 Qualifications of applicants; accreditation of program of interior
15-40 design; standards for examination.
15-41 623.333 Architect or residential designer not required to obtain
15-42 certificate of registration to practice as registered interior designer.
15-43 623.354 Registered interior designers authorized to collaborate
15-44 with members of certain professions; limitations.
16-1 Section 39 of chapter 512, Statutes of Nevada 1995:
16-2 Sec. 39. The state board of architecture, interior design and
16-3 residential design shall issue a certificate of registration to practice
16-4 interior design to any person who:
16-5 1. Submits to the board, not later than December 31, 1999, a form
16-6 prescribed by the board declaring his intention to apply for a
16-7 certificate of registration to practice interior design;
16-8 2. Is of good moral character and submits to the board, not later
16-9 than December 31, 2004:
16-10 (a) An application on a form provided by the board;
16-11 (b) The fees required pursuant to NRS 623.310;
16-12 (c) Proof which is satisfactory to the board that he has completed at
16-13 least 2 years of education in a program of interior design or an
16-14 equivalent number of credits and at least 4 years of experience in
16-15 interior design or residential interior design; and
16-16 (d) A certificate issued by the National Council for Interior Design
16-17 Qualification as proof that he has passed the examination prepared
16-18 and administered by that organization; and
16-19 3. Complies with the requirements of subsection 3 of NRS
16-20 623.200 not later than December 31, 2004.
16-21 H