requires two-thirds majority vote (§ 12)                                                 

                                                                                                  

 

Assembly Bill No. 539–Committee on Commerce and Labor

 

(On Behalf of State Board of Architecture, Interior
Design and Residential Design)

 

March 21, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions governing architects, registered interior designers and residential designers. (BDR 54‑615)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to professions; authorizing the state board of architecture, interior design and residential design to accept satisfactory evidence of registration as an interior designer in another jurisdiction under certain circumstances; repealing certain provisions governing a member of the board who is a residential designer or registered interior designer; providing that a certificate of registration issued to an architect, registered interior designer or residential designer must be renewed annually; revising the qualifications to apply for registration as an architect or registered interior designer; revising the circumstances under which a residential designer may engage in practice as a registered interior designer; 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  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  “Responsible control” means the amount of control over and

1-4  detailed knowledge of the content of a technical submission during its

1-5  preparation that is ordinarily exercised by a registered architect,

1-6  registered interior designer or residential designer, as applicable, when

1-7  applying the normal standard of professional care.

1-8    Sec. 3.  The board may accept satisfactory evidence of registration as

1-9  an interior designer in another jurisdiction where the qualifications

1-10  required are equal to those required in paragraphs (d) and (e) of

1-11  subsection 1 of NRS 623.192 at the date of application. Before the board

1-12  may accept that evidence, the applicant must pass the examination

1-13  required pursuant to the provisions of subsection 3 of NRS 623.200.

2-1    Sec. 4.  NRS 623.015 is hereby amended to read as follows:

2-2    623.015  As used in this chapter, unless the context otherwise requires,

2-3  the words and terms defined in NRS 623.017 to 623.027, inclusive, and

2-4  section 2 of this act, have the meanings ascribed to them in those sections.

2-5    Sec. 5.  NRS 623.025 is hereby amended to read as follows:

2-6    623.025  The “practice of residential design” consists of rendering

2-7  services embracing the scientific, esthetic or orderly coordination of

2-8  processes which enter into [the] :

2-9    1.  The production of a completed [single-family dwelling units and

2-10  multifamily dwelling structures that do] :

2-11    (a) Single-family dwelling unit; or

2-12    (b) Multifamily dwelling structure that does not exceed two stories in

2-13  height and [are] is composed of not more than four units in [each structure

2-14  or the utilization] that structure; and

2-15    2.  The use of space within and surrounding [those units or structures,]

2-16  the unit or structure,

2-17  performed through the medium of plans, specifications, administration of

2-18  construction, preliminary studies, consultations, evaluations, investigations,

2-19  contract documents and advice and direction.

2-20    Sec. 6.  NRS 623.050 is hereby amended to read as follows:

2-21    623.050  1.  The state board of architecture, interior design and

2-22  residential design, consisting of nine members appointed by the governor,

2-23  is hereby created.

2-24    2.  The governor shall appoint:

2-25    (a) Five members who are registered architects and have been in the

2-26  active practice of architecture in the State of Nevada for not less than 3

2-27  years preceding their appointment.

2-28    (b) One member who is a registered residential designer.

2-29    (c) Two members who are registered interior designers and who are not

2-30  registered architects or residential designers.

2-31    (d) One member who is a representative of the general public.

2-32    3.  Members of the board must have been residents of this state for not

2-33  less than 2 years preceding their appointment.

2-34    4.  The governor may, upon a bona fide complaint, and for good cause

2-35  shown, after 10 days’ notice to any member against whom charges may be

2-36  filed, and after opportunity for hearing, remove the member for

2-37  inefficiency, neglect of duty or malfeasance in office.

2-38    [5.  The member who is a residential designer shall not participate in

2-39  the investigation or acceptance of his application or in the grading or

2-40  certification of his examination.

2-41    6.  The members who are registered interior designers shall not

2-42  participate in the investigation or acceptance of their applications or in the

2-43  grading or certification of their examinations.]

2-44    Sec. 7.  NRS 623.180 is hereby amended to read as follows:

2-45    623.180  1.  No person may practice:

2-46    (a) Architecture or use the title of architect;

2-47    (b) Residential design or use the title of residential designer; or

2-48    (c) As a registered interior designer or use the title of registered interior

2-49  designer,

3-1  in this state without having a certificate of registration issued to him

3-2  pursuant to the provisions of this chapter.

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

3-4  provisions of this chapter have been fully complied with and fulfilled by an

3-5  applicant, the board shall issue to the successful applicant a certificate as a

3-6  registered architect, registered interior designer or residential designer. [If

3-7  the certificate will be issued after the beginning of a biennium, the

3-8  applicant shall pay the full fee which is prescribed.] Each certificate of

3-9  registration issued by the board expires on December 31 of each year.

3-10  The board shall, by regulation, establish a schedule of prorated fees for a

3-11  certificate of registration that is issued for less than 1 year.

3-12    3.  The certificate is synonymous with registration with a serial number

3-13  and seal. A person who is issued a certificate may practice architecture or

3-14  residential design or may practice as a registered interior designer in this

3-15  state, subject to the provisions of this chapter and the regulations of the

3-16  board.

3-17    4.  The unauthorized use or display of a certificate of registration is

3-18  unlawful.

3-19    Sec. 8.  NRS 623.185 is hereby amended to read as follows:

3-20    623.185  1.  Upon being issued a certificate of registration, each

3-21  registered architect, registered interior designer or residential designer shall

3-22  obtain a seal of the design authorized by the board, bearing the architect’s,

3-23  registered interior designer’s or residential designer’s name, the number of

3-24  his certificate of registration, and the legend “Registered Architect,”

3-25  “Registered Interior Designer” or “Residential Designer.”

3-26    2.  [Plans, specifications, reports and other documents] A plan,

3-27  specification, report or other document issued by a registered architect,

3-28  registered interior designer or residential designer for official use must be

3-29  signed, sealed and dated [on the title page by the architect or designer.] by

3-30  him. The board may adopt regulations specifying the manner in which a

3-31  registered architect, registered interior designer or residential designer

3-32  may electronically transmit such a plan, specification, report or other

3-33  document.

3-34    3.  It is unlawful for a person to stamp or seal any [plans,

3-35  specifications, reports or other documents] plan, specification, report or

3-36  other document with the seal after the certificate of registration of the

3-37  architect, registered interior designer or residential designer, named

3-38  therein, has expired or has been suspended or revoked, unless the

3-39  certificate has been renewed or reissued.

3-40    4.  Any plan, drawing, specification or other document prepared by a

3-41  registered interior designer must contain a statement that the plan, study,

3-42  drawing, specification or other document was prepared by a registered

3-43  interior designer registered pursuant to the provisions of this chapter.

3-44    Sec. 9.  NRS 623.190 is hereby amended to read as follows:

3-45    623.190  1.  Any person who is at least 21 years of age and of good

3-46  moral character and who meets the requirements for education and

3-47  practical training established by the board by regulation may apply to the

3-48  board for registration pursuant to the provisions of this section as an

3-49  architect.

4-1    2.  Each year of study, up to and including 5 years of study,

4-2  satisfactorily completed in an architectural program accredited by the

4-3  National Architectural Accrediting Board[, any program of architecture in

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

4-5  board of architecture, interior design and residential design is considered

4-6  equivalent to 1 year of experience in architectural work for the purpose of

4-7  registration as an architect.

4-8    3.  The board shall, by regulation, establish standards for examinations

4-9  which must be consistent with standards employed by other states. The

4-10  board may adopt the standards of the National Council of Architectural

4-11  Registration Boards, and the examination and grading procedure of that

4-12  organization, as they exist on the date of adoption. Examinations may

4-13  include tests in such technical and professional subjects as are prescribed

4-14  by the board.

4-15    4.  If the board adopts the examination of the National Council of

4-16  Architectural Registration Boards, an applicant for registration as an

4-17  architect who wishes to:

4-18    (a) Take the examination must pay to the entity which administers the

4-19  examination the fee charged by that entity for taking the examination and

4-20  pay to the board a processing fee as provided in NRS 623.310.

4-21    (b) Retake any part or parts of the examination which he previously

4-22  failed must pay to the entity which administers the examination the fee

4-23  charged by that entity for retaking [such] that part or parts.

4-24    5.  Any person who is at least 21 years of age and of good moral

4-25  character and who has a total of 5 years of credit for education or practical

4-26  training, or a combination thereof which is acceptable to the board, may

4-27  apply to the board for registration as a residential designer. The board shall,

4-28  by regulation, establish the amount of credit allowed for education,

4-29  practical training or a combination thereof.

4-30    6.  The board shall, by regulation, establish the standards for the

4-31  examination to qualify as a residential designer . [, which may be required

4-32  as part of the examination to be an architect.] The examination must

4-33  consist of at least [:

4-34    (a) A written examination covering :

4-35      (1)] the following subjects:

4-36    (a) Structural technology;

4-37      [(2)] (b) Materials and methods of construction;

4-38      [(3)] (c) Systems for environmental control; and

4-39      [(4)] (d) Graphic design . [; and

4-40    (b) An oral interview of the applicant by the board upon the successful

4-41  completion of the written portion of the examination.]

4-42    7.  Before being issued a certificate of registration to engage in the

4-43  practice of architecture or residential design, each applicant must

4-44  personally appear before the board to take an oath prescribed by the

4-45  board.

4-46    8.  Any application to the board may be denied for any violation of the

4-47  provisions of this chapter.

 

 

5-1    Sec. 10.  NRS 623.192 is hereby amended to read as follows:

5-2    623.192  1.  An applicant for a certificate of registration to practice as

5-3  a registered interior designer must be of good moral character and submit

5-4  to the board:

5-5    (a) An application on a form provided by the board;

5-6    (b) The fees required pursuant to NRS 623.310;

5-7    (c) The statement required pursuant to NRS 623.225;

5-8    (d) Proof which is satisfactory to the board that he has : [completed:]

5-9       (1) At least [5 years of education in a program of interior design or an

5-10  equivalent number of credits and at least 1 year] 2 years of experience in

5-11  interior design; [or

5-12      (2) At least 4 years of education in] and

5-13      (2) Successfully completed a program of interior design [or an

5-14  equivalent number of credits and at least 2 years of experience in interior

5-15  design;] accredited by the Foundation for Interior Design Education

5-16  Research or a substantially equivalent program approved by the board;

5-17  and

5-18    (e) A certificate issued by the National Council for Interior Design

5-19  Qualification as proof that he has passed the examination prepared and

5-20  administered by that organization.

5-21    2.  [Each program of interior design must be accredited by the

5-22  Foundation for Interior Design Education Research or approved by the

5-23  board.

5-24    3.] The board shall, by regulation, adopt the standards of the National

5-25  Council for Interior Design Qualification for the experience [and

5-26  equivalent credits] required pursuant to the provisions of subsection 1 as

5-27  those standards exist on the date of the adoption of the regulation.

5-28    3.  Before being issued a certificate of registration to practice as a

5-29  registered interior designer, each applicant must personally appear

5-30  before the board to take an oath prescribed by the board.

5-31    4.  Any application submitted to the board may be denied for any

5-32  violation of the provisions of this chapter.

5-33    Sec. 11.  NRS 623.220 is hereby amended to read as follows:

5-34    623.220  1.  The board shall issue a certificate of registration as an

5-35  architect or a residential designer, upon payment of a registration fee

5-36  pursuant to the provisions of subsection 2 of NRS 623.180 or 623.310, to

5-37  any applicant who complies with the provisions of NRS 623.190 and

5-38  623.225 and passes the examinations, or in lieu thereof , brings himself

5-39  within the provisions of NRS 623.210.

5-40    2.  The board shall issue a certificate of registration to practice as a

5-41  registered interior designer , upon payment of a registration fee pursuant to

5-42  the provisions of NRS 623.180 or 623.310 , to any applicant who complies

5-43  with the provisions of NRS 623.192, 623.200 and 623.225[.] , or in lieu

5-44  thereof, brings himself within the provisions of section 3 of this act.

5-45    3.  Certificates of registration must include the full name of the

5-46  registrant, have a serial number and be signed by the chairman and the

5-47  secretary of the board under seal of the board. The issuance of a certificate

5-48  of registration by the board is evidence that the person named therein is

5-49  entitled to all the rights and privileges of an architect, registered interior

6-1  designer or residential designer while the certificate remains unsuspended,

6-2  unrevoked and unexpired.

6-3    Sec. 12.  NRS 623.250 is hereby amended to read as follows:

6-4    623.250  1.  Each architect, registered interior designer or residential

6-5  designer who [holds] wishes to renew a certificate of registration issued to

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

6-7  month of December of each year preceding a biennium during which he

6-8  desires to continue:

6-9    (a) The practice of architecture or residential design; or

6-10    (b) To practice as a registered interior designer,

6-11  submit a renewal fee] must submit to the board:

6-12    (a) The fees required for renewal pursuant to the provisions of this

6-13  chapter[, proof] ;

6-14    (b) Proof of compliance with all of the requirements established by the

6-15  board for continuing education for the renewal of the certificate of

6-16  registration; and [the]

6-17    (c) The statement required pursuant to the provisions of NRS 623.225.

6-18    2.  Upon receipt of the fees required for renewal , [fee,] proof

6-19  satisfactory to the board of compliance with all of the requirements

6-20  established by the board for continuing education and the statement, the

6-21  secretary of the board shall execute and issue a certificate renewal card to

6-22  the applicant, certifying that his certificate of registration is renewed for

6-23  [the term of a biennium.] 1 year after its date of expiration. The certificate

6-24  renewal card must bear a serial number and the signature or a facsimile

6-25  thereof of the secretary of the board or the executive director and must bear

6-26  the seal of the board.

6-27    3.  The renewal must be recorded, together with its serial number, by

6-28  the secretary of the board in the official register of the board pursuant to

6-29  the provisions of NRS 623.230.

6-30    Sec. 13.  NRS 623.270 is hereby amended to read as follows:

6-31    623.270  1.  The board may place the holder of any certificate of

6-32  registration issued pursuant to the provisions of this chapter on probation,

6-33  reprimand him, fine him not more than $10,000, suspend or revoke his

6-34  license, impose the costs of investigation and prosecution upon him or take

6-35  any combination of these disciplinary actions, if proof satisfactory to the

6-36  board is presented that:

6-37    (a) The certificate was obtained by fraud or concealment of a material

6-38  fact.

6-39    (b) The holder of the certificate has been found guilty by the board or

6-40  by a court of justice of any fraud, deceit or concealment of a material fact

6-41  in his professional practice, or has been convicted by a court of justice of a

6-42  crime involving moral turpitude.

6-43    (c) The holder of the certificate has been found guilty by the board of

6-44  incompetency, negligence or gross negligence in:

6-45      (1) The practice of architecture or residential design; or

6-46      (2) His practice as a registered interior designer.

6-47    (d) The holder of a certificate has affixed his signature or seal to plans,

6-48  drawings, specifications or other instruments of service which have not

6-49  been prepared by him or in his office, or under his [direct supervision,]

7-1  responsible control, or has permitted the use of his name to assist any

7-2  person who is not a registered architect, registered interior designer or

7-3  residential designer to evade any provision of this chapter.

7-4    (e) The holder of a certificate has aided or abetted any unauthorized

7-5  person to practice:

7-6       (1) Architecture or residential design; or

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

7-8    (f) The holder of the certificate has violated any law, regulation or code

7-9  of ethics pertaining to:

7-10      (1) The practice of architecture or residential design; or

7-11      (2) Practice as a registered interior designer.

7-12    (g) The holder of a certificate has failed to comply with an order issued

7-13  by the board or has failed to cooperate with an investigation conducted by

7-14  the board.

7-15    2.  If discipline is imposed pursuant to the provisions of this section,

7-16  the costs of the proceeding, including investigative costs and attorney’s

7-17  fees, may be recovered by the board.

7-18    [2.] 3.  The conditions for probation imposed pursuant to provisions of

7-19  subsection 1 may include, but are not limited to:

7-20    (a) Restriction on the scope of professional practice.

7-21    (b) Peer review.

7-22    (c) Required education or counseling.

7-23    (d) Payment of restitution to [all parties] each person who suffered

7-24  harm or loss.

7-25    (e) Payment of all costs of the administrative investigation and

7-26  prosecution.

7-27    [3.] 4.  As used in this section:

7-28    (a) “Gross negligence” means conduct which demonstrates a reckless

7-29  disregard of the consequences affecting the life or property of another

7-30  person.

7-31    (b) “Incompetency” means conduct which, in:

7-32      (1) The practice of architecture or residential design; or

7-33      (2) Practice as a registered interior designer,

7-34  demonstrates a significant lack of ability, knowledge or fitness to discharge

7-35  a professional obligation.

7-36    (c) “Negligence” means a deviation from the normal standard of

7-37  professional care exercised generally by other members in:

7-38      (1) The profession of architecture or residential design; or

7-39      (2) Practice as a registered interior designer.

7-40    Sec. 14.  NRS 623.333 is hereby amended to read as follows:

7-41    623.333  1.  An architect [or a residential designer] who is registered

7-42  pursuant to the provisions of this chapter is not required to obtain a

7-43  certificate of registration to practice as a registered interior designer.

7-44    2.  A residential designer who is registered pursuant to the provisions

7-45  of this chapter is not required to obtain a certificate of registration to

7-46  practice as a registered interior designer while engaged in the practice of

7-47  residential design.

 

 

8-1    Sec. 15.  NRS 623.350 is hereby amended to read as follows:

8-2    623.350  1.  [Every] Each office or place of business in this state of

8-3  any partnership, corporation, limited-liability company or other business

8-4  organization or association [engaged] that engages in the practice of

8-5  architecture or residential design, or practice as a registered interior

8-6  designer pursuant to the provisions of NRS 623.349 [shall] must have an

8-7  architect , registered interior designer or residential designer who is a

8-8  resident of this state and holds a certificate of registration issued pursuant

8-9  to this chapter regularly working in the office or place of business and

8-10  [directly] having responsible control for the [administration of the]

8-11  architecturalwork or work relating to engaging in practice as a registered

8-12  interior designer conducted in the office or place of business. The

8-13  provisions of this subsection do not apply to partnerships, corporations,

8-14  limited-liability companies or other business organization or associations

8-15  [engaged] that engage in the practice of architecture or residential design

8-16  or practice as a registered interior designer at offices established for

8-17  construction administration.

8-18    2.  A registrant or licensee practicing in a business organization or

8-19  association which holds a certificate issued pursuant to NRS 623.349

8-20  remains subject to NRS 89.220.

8-21    3.  If a person who is not registered or licensed, or a registrant or

8-22  licensee who is not an owner, and who is employed by or affiliated with a

8-23  business organization or association which holds a certificate issued

8-24  pursuant to NRS 623.349 is found by the board to have violated a provision

8-25  of this chapter or a regulation of the board, the board may hold the business

8-26  organization or association and the registrants and licensees who are

8-27  owners responsible for the violation.

8-28    Sec. 16.  NRS 623.353 is hereby amended to read as follows:

8-29    623.353  A residential designer shall not engage in rendering services

8-30  for any building or structure not specified in NRS 623.025 unless he does

8-31  so under the [direct supervision] responsible control of a registered

8-32  architect. In such cases , the architect is the sole contracting party, has full

8-33  responsibility for the work performed by the residential designer, shall

8-34  supervise any work performed by the residential designer and shall file the

8-35  agreement between the residential designer and the architect with the

8-36  secretary of the board within 10 days after the execution of the agreement.

8-37    Sec. 17.  Section 39 of chapter 512, Statutes of Nevada 1995, at page

8-38  1705, is hereby amended to read as follows:

8-39  Sec.39.  The state board of architecture, interior design and

8-40  residential design shall issue a certificate of registration to practice

8-41  interior design to any person who:

8-42  1.  Submits to the board, not later than December 31, 1999, a form

8-43  prescribed by the board declaring his intention to apply for a

8-44  certificate of registration to practice interior design;

8-45  2.  Is of good moral character and submits to the board : [, not

8-46  later than December 31, 2004:]

8-47  (a) An application on a form provided by the board;

8-48  (b) The fees required pursuant to NRS 623.310;

9-1  (c) Proof which is satisfactory to the board that he has completed at

9-2  least 2 years of education in a program of interior design or an

9-3  equivalent number of credits and at least 4 years of experience in

9-4  interior design or residential interior design; and

9-5  (d) A certificate issued by the National Council for Interior Design

9-6  Qualification as proof that he has passed the examination prepared

9-7  and administered by that organization; and

9-8  3.  Complies with the requirements of subsection 3 of NRS

9-9  623.200 . [not later than December 31, 2004.]

9-10    Sec. 18.  A certificate of registration issued to an architect, registered

9-11  interior designer or residential designer by the state board of architecture,

9-12  interior design and residential design that expires on December 31, 2002,

9-13  remains effective until that date.

9-14    Sec. 19.  This act becomes effective on July 1, 2001.

 

9-15  H