BILL NUMBER: SB 1312 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2008
AMENDED IN SENATE MAY 13, 2008
AMENDED IN SENATE APRIL 16, 2008
AMENDED IN SENATE MARCH 24, 2008
INTRODUCED BY Senators Yee and Calderon
(Coauthors: Senators Florez and Perata)
FEBRUARY 20, 2008
An act to amend Sections 205, 5510, 5514, 5515, and
5524 of, to add Chapter 3.7 (commencing with Section 5700) to
Division 3 of, and to repeal Sections 5710, 5712, and 5713 of, the
Business and Professions Code, relating to interior design,
and making an appropriation therefor design .
LEGISLATIVE COUNSEL'S DIGEST
SB 1312, as amended, Yee. Registered interior designers.
Existing law defines certified interior designers and interior
design organizations, permits a certified interior designer to obtain
and use a stamp identifying the designer, and, among other things,
makes it an unfair business practice for a person to represent
himself or herself as a certified interior designer unless he or she
complies with certain requirements.
Existing law provides for the licensure and regulation of
architects by the California Architects Board. Under existing law,
the board consists of 10 members, including 5 architects and 5 public
members.
This bill would create the Registered Interior Designers Committee
within the jurisdiction of the board and would make the provision
establishing the committee inoperative on July 1, 2011, and repealed
on January 1, 2012. The bill would provide for the registration and
regulation by the committee and the board, as specified, of persons
that engage in the practice of registered interior design, as
defined, and would add one registered interior designer and an
additional public member to the board. The bill would authorize the
committee to issue a certificate of registration to a certified
interior designer who applies before January 1, 2011. The bill would
enact various provisions regarding the practice of registered
interior design, including, but not limited to, practice
requirements, registration requirements, conditions for registration
renewals, and grounds for revocation or suspension of a registration,
among other disciplinary actions. The bill would authorize
registrants, architects, landscape architects, and engineers to join
or form business organizations or associations, except as specified,
with persons outside their field of practice if certain requirements
are met. The bill would create the California Architects
Board-Registered Interior Designers Fund as a continuously
appropriated fund and would authorize the committee to
impose various fees on registered interior designers to be deposited
in that fund. By increasing the amount of revenue in a
continuously appropriated fund, the bill would make an appropriation.
The bill would require that moneys deposited in the
fund be expended, subject to appropriation by the Legislature in the
annual Budget Act, to defray the expenses of the committee
and the board in carrying out and enforcing these provisions.
The bill would make it unlawful for a person to hold himself or
herself out as, or solicit business as, a registered interior
designer or use the title "registered interior designer" unless
registered pursuant to these provisions. The bill would also prohibit
a person from engaging in the practice of registered interior design
without a registration. The bill would make a violation of any of
these provisions a misdemeanor and, by creating a new crime, would
thereby impose a state-mandated local program. The bill would enact
related provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 205 of the Business
and Professions Code is amended to read:
205. (a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:
(1) Accountancy Fund.
(2) California Architects Board of
Architectural Examiners' Fund.
(3) Athletic Commission Fund.
(4) Barbering and Cosmetology Contingent Fund.
(5) Cemetery Fund.
(6) Contractors' License Fund.
(7) State Dentistry Fund.
(8) State Funeral Directors and Embalmers Fund.
(9) Guide Dogs for the Blind Fund.
(10) Bureau of Home Furnishings and Thermal Insulation Fund.
(11) California Board of Architectural
Examiners-Landscape Architects Board-Landscape
Architects Fund.
(12) Contingent Fund of the Medical Board of California.
(13) Optometry Fund.
(14) Pharmacy Board Contingent Fund.
(15) Physical Therapy Fund.
(16) Private Investigator Fund.
(17) Professional Engineers' and Land Surveyors' Fund.
(18) Consumer Affairs Fund.
(19) Behavioral Sciences Fund.
(20) Licensed Midwifery Fund.
(21) Court Reporters' Fund.
(22) Structural Pest Control Fund.
(23) Veterinary Medical Board Contingent Fund.
(24) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.
(25) State Dental Auxiliary Fund.
(26) Electronic and Appliance Repair Fund.
(27) Geology and Geophysics Fund.
(28) Dispensing Opticians Fund.
(29) Acupuncture Fund.
(30) Hearing Aid Dispensers Fund.
(31) Physician Assistant Fund.
(32) Board of Podiatric Medicine Fund.
(33) Psychology Fund.
(34) Respiratory Care Fund.
(35) Speech-Language Pathology and Audiology Fund.
(36) Board of Registered Nursing Fund.
(37) Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
(38) Animal Health Technician Examining Committee Fund.
(39) Structural Pest Control Education and Enforcement Fund.
(40) Structural Pest Control Research Fund.
(41) California Architects Board-Registered Interior Designers
Fund.
(b) For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each
of the several special funds therein shall constitute and be deemed
to be a separate account in the Professions and Vocations Fund. Each
account or fund shall be available for expenditure only for the
purposes as are now or may hereafter be provided by law.
SECTION 1. SEC. 2. Section 5510 of
the Business and Professions Code is amended to read:
5510. There is in the Department of Consumer Affairs a California
Architects Board which consists of 12 members.
Any reference in law to the California Board of Architectural
Examiners shall mean the California Architects Board.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473).
SEC. 2. SEC. 3. Section 5514 of the
Business and Professions Code is amended to read:
5514. (a) The membership of the board shall be composed of 12
members, five of whom shall be architects, one of whom shall be a
registered interior designer, and six of whom shall be public
members.
(b) The five architect members of the board shall be selected from
architects in good standing who have been licensed and in practice
in this state for at least five years at the time of appointment, all
of whom shall be residents of and in practice in California.
(c) (1) Except as provided in paragraph (2), the registered
interior designer member of the board shall be selected from
registered interior designers in good standing who have been
registered and in practice in this state for at least four years, all
of whom shall be residents of and in practice in California.
(2) The initial registered interior designer member of the board
shall be selected from persons who are eligible to become registered
under Chapter 3.7 (commencing with Section 5700) and shall become
registered pursuant to that chapter within one year of appointment.
(d) The public members of the board shall not be licensees of the
board or registrants of the Registered Interior Designers Committee.
SEC. 3. SEC. 4. Section 5515 of the
Business and Professions Code is amended to read:
5515. Every person appointed shall serve for four years and until
the appointment and qualification of his or her successor or until
one year shall have elapsed since the expiration of the term for
which he or she was appointed, whichever first occurs.
No person shall serve as a member of the board for more than two
consecutive terms.
Vacancies occurring prior to the expiration of the term shall be
filled by appointment for the unexpired term.
Each appointment shall expire on June 30 of the fourth year
following the year in which the previous term expired.
The Governor shall appoint four of the public members, the five
licensed members qualified as provided in Section 5514, and the
registered interior designer member qualified as provided in Section
5514. The Senate Rules Committee and the Speaker of the Assembly
shall each appoint a public member.
SEC. 4. SEC. 5. Section 5524 of the
Business and Professions Code is amended to read:
5524. Seven of the members of the board constitute a quorum of
the board for the transaction of business. The concurrence of six
members of the board present at a meeting duly held at which a quorum
is present shall be necessary to constitute an act or decision of
the board, except that when all 12 members of the board are present
at a meeting duly held, the concurrence of seven members shall be
necessary to constitute an act or decision of the board.
SEC. 5. SEC. 6. Chapter 3.7
(commencing with Section 5700) is added to Division 3 of the Business
and Professions Code, to read:
CHAPTER 3.7. REGISTERED INTERIOR DESIGNERS
Article 1. General
5700. The purpose of this chapter is to safeguard life, health,
and property, to promote the public welfare by improving the quality
of human environmental design, and to limit the practice of
registered interior design to persons who hold design education and
experience and successfully pass an interior design examination, as
provided in this chapter.
5702. For purposes of this chapter, the following terms have the
following meanings:
(a) "Board" means the California Architects Board.
(b) "Building shell" means the architecture of an existing
building, including, but not limited to, the framework, the perimeter
and exterior walls, the building core and columns, and other
structural, load-bearing elements.
(c) "Committee" means the Registered Interior Designers Committee.
(d) "Construction documents" means the detailed working drawings
that define the work to be constructed. These documents may include,
but are not limited to, partition plans, power and communication
plans, reflected ceiling plans, materials and finishes plans,
furniture layout plans and elevations, sections and details, along
with the drawings of associated consultants.
(e) "Contract documents" means the set of documents that form a
part of the legal contract for services between two or more parties.
These documents may include, but are not limited to, detailed
instructions to the contractor, tender forms, construction documents,
and specifications.
(f) "Interior design" means a multifaceted profession in which
creative and technical solutions are applied within a structure to
achieve a built interior environment. These solutions are functional
and enhance the quality of life and culture of the occupants.
Interior design includes, but is not limited to, both of the
following:
(1) The creation of designs, in response to and in coordination
with the building shell, that acknowledge the physical location and
social context of a project, adhere to code and regulatory
requirements, and encourage the principles of environmental
sustainability.
(2) The use of a systematic and coordinated methodology, including
research, analysis, and integration of knowledge into the creative
process, to satisfy the needs of a client, using the resources of the
client, in order to produce an interior space that fulfills a
project's goals.
(g) "Nonstructural or nonseismic elements or components" means
interior elements or components that are not load bearing, or do not
assist in the seismic design, and do not require design computations
for a building's structure. These elements or components include, but
are not limited to, ceiling and partition systems and elements or
components that employ normal and typical bracing conventions but are
not part of the structural integrity of the building. These elements
or components exclude the structural frame supporting a building.
(h) "Partition" means a wall that does not support a vertical load
of a structure other than its own weight, but may support loads
attached to it such as cabinetry, shelving, or grab bars, and does
not extend further than the distance from the floor of an interior
area of a structure designed for human habitation or occupancy to the
underside of the deck of that structure.
(i) "Registrant" means a person registered pursuant to the
provisions of this chapter.
(j) "Reflected ceiling plan" means a ceiling design that
illustrates a ceiling as if the ceiling was projected downward, and
may include, but is not limited to, lighting and other elements.
(k) "Responsible supervisory control" means the direct
responsibility for supervising work and the decisionmaking process,
including the review, control, and enforcement of compliance with
design criteria and life safety requirements.
(l) "Space planning" means the analysis and design of spatial and
occupancy requirements, including, but not limited to, preliminary
space layouts and final planning for nonload bearing walls,
partitions, panels, and furnishings.
(m) "Specifications" means the detailed written description of
construction, workmanship, and materials of the work to be
undertaken.
5703. "Registered interior design" or "practice of registered
interior design" means the rendering of services to enhance the
quality and function of an interior area within a structure designed
for human habitation or occupancy, and includes, but is not limited
to, all of the following:
(a) An analysis of a client's needs and goals for the interior
area and an analysis of the safety requirements applicable to that
area.
(b) The formulation of appropriate, functional, and safe
preliminary designs, including space planning, for the interior area.
(c) The development and presentation of final designs, including,
but not limited to, drawings affecting nonstructural or nonseismic
elements or components, that are appropriate for the alteration or
construction of the interior area.
(d) The preparation of contract documents for the alteration or
construction of the interior area, including, but not limited to,
specifications for partitions, materials, finishes, furniture,
fixtures, and equipment.
(e) Collaboration with professional engineers registered pursuant
to Chapter 7 (commencing with Section 6700) or architects licensed
pursuant to Chapter 3 (commencing with Section 5500) for the
alteration or construction of the interior area.
(f) The preparation and administration of bids or contract
documents for the alteration or construction of the interior area as
the agent of a client.
(g) The review and evaluation of problems relating to the design
of the interior area during the alteration or construction of the
area and upon completion of that alteration or construction.
5704. (a) This chapter shall not apply to any of the following:
(1) An architect licensed pursuant to Chapter 3 (commencing with
Section 5500) acting within the scope of his or her license.
(2) A person engaging in work related to registered interior
design as an employee of a registered interior designer if the work
does not include responsible supervisory control or supervision of
the practice of registered interior design.
(3) A person performing registered interior design work under the
responsible supervisory control of a registered interior designer.
(4) A consultant retained by a registered interior designer.
(5) A person who prepares drawings of the layout of materials or
furnishings used in registered interior design or provides assistance
in the selection of materials or furnishings used in registered
interior design, if the preparation or implementation of those
drawings, or the installation of those materials or furnishings, is
not regulated by a building code or other law, ordinance, rule, or
regulation governing the alteration or construction of a structure.
The persons exempt from this chapter pursuant to this paragraph
include, but are not limited to, a person who prepares drawings of
the layout of, or provides assistance in the selection of, any of the
following materials:
(A) Decorative accessories.
(B) Wallpaper, wallcoverings, or paint.
(C) Linoleum, tile, carpeting, or floor coverings.
(D) Draperies, blinds, or window coverings.
(E) Lighting or plumbing fixtures that are not part of a
structure.
(F) Furniture or equipment.
(6) An employee of a retail establishment providing consultation
regarding interior decoration or furnishings on the premises of the
retail establishment or in the furtherance of a retail sale or
prospective retail sale.
(b) (1) Notwithstanding subdivision (a), a person shall not refer
to himself or herself as a registered interior designer without being
registered pursuant to this chapter.
(2) This subdivision does not prohibit a person certified or
otherwise qualified or approved by a private organization from using
a term or title copyrighted or otherwise protected under law by the
certifying organization provided that the use of that term or title
does not connote registration under this chapter.
(c) The exemptions created by this section shall not absolve a
person from any civil or criminal liability that might otherwise
accrue.
5705. (a) This chapter does not prohibit a person from preparing
plans, drawings, or specifications for any of the following:
(1) Single-family dwellings of woodframe construction not more
than two stories and basement in height.
(2) Multiple dwellings containing no more than four dwelling units
of woodframe construction not more than two stories and basement in
height. However, this paragraph shall not be construed as allowing an
unregistered person to design multiple clusters of up to four
dwelling units each to form apartment or condominium complexes where
the total exceeds four units on any lawfully divided lot.
(3) Garages or other structures appurtenant to buildings described
under subdivision (a), of woodframe construction not more than two
stories and basement in height.
(4) Agricultural and ranch buildings of woodframe construction,
unless the building official having jurisdiction deems that an undue
risk to the public health, safety, or welfare is involved.
(b) If any portion of any structure exempted by this section
deviates from substantial compliance with conventional framing
requirements for woodframe construction found in the most recent
edition of Title 24 of the California Code of Regulations or tables
of limitation for woodframe construction, as defined by the
applicable building code duly adopted by the local jurisdiction or
the state, the building official having jurisdiction shall require
the preparation of plans, drawings, specifications, or calculations
for that portion by, or under the responsible control of, a licensed
architect or registered engineer. The documents for that portion
shall bear the stamp and signature of the licensee who is responsible
for their preparation. Substantial compliance for purposes of this
section is not intended to restrict the ability of the building
officials to approve plans pursuant to existing law and is only
intended to clarify the intent of Chapter 405 of the Statutes of
1985.
5706. (a) A structural engineer, defined as a registered civil
engineer who has been authorized to use the title structural engineer
under the provisions of Chapter 7 (commencing with Section 6700),
insofar as he or she practices the profession for which he or she is
registered, is exempt from the provisions of this chapter, except
that a structural engineer may not use the title "registered interior
designer," unless he or she holds a certificate of registration as
required in this chapter.
(b) A professional engineer registered to practice engineering
under the provisions of Chapter 7 (commencing with Section 6700),
insofar as he or she practices the profession for which he or she is
registered, is exempt from the provisions of this chapter, except
that a professional engineer may not use the title "registered
interior designer," unless he or she holds a certificate of
registration as required in this chapter.
(c) A civil engineer authorized to use that title under the
provisions of Chapter 7 (commencing with Section 6700), insofar as he
or she practices the profession for which he or she is registered,
is exempt from the provisions of this chapter, except that a civil
engineer may not use the title "registered interior designer," unless
he or she holds a certificate of registration as required in this
chapter.
5707. This chapter shall not be construed as authorizing a
licensed contractor to perform design services beyond those described
in Section 5705.
5708. This chapter does not prohibit a person from furnishing
either alone or with contractors, if required by Chapter 9
(commencing with Section 7000), labor and materials, with or without
plans, drawings, specifications, instruments of service, or other
data covering such labor and materials to be used for any of the
following:
(a) For nonstructural or nonseismic storefronts, interior
alterations or additions, fixtures, cabinetwork, furniture, or other
appliances or equipment.
(b) For any nonstructural or nonseismic work necessary to provide
for their installation.
(c) For any nonstructural or nonseismic alterations or additions
to any building necessary to or attendant upon the installation of
those storefronts, interior alterations or additions, fixtures,
cabinetwork, furniture, appliances, or equipment, provided those
alterations do not change or affect the structural system or safety
of the building.
Article 2. Administration
5710. (a) There is in the Department of Consumer Affairs a
California Architects Board as defined in Article 2 (commencing with
Section 5510) of Chapter 3. There is hereby created, within the
jurisdiction of the board, a Registered Interior Designers Committee.
(b) Except as provided herein, the Registered Interior Designers
Committee shall administer the provisions of this chapter.
(c) After review of regulations proposed by the board, the
Registered Interior Designers Committee may notice and conduct
hearings to adopt, amend, or repeal regulations pursuant to Section
5718.
(d) The board shall not delegate its authority to discipline a
registered interior designer or to take action against a person who
has violated this chapter.
(e) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
5711. Protection of the public shall be the highest priority for
the Registered Interior Designers Committee in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
5712. (a) The committee shall consist of seven members, three of
whom shall be registered to practice registered interior design in
this state and four of whom shall be public members. The Governor
shall appoint two of the public members and the three registered
members. The Senate Committee on Rules and the Speaker of the
Assembly shall each appoint one public member.
(b) The public members of the committee shall not be licensees of
the board of registrants of the committee.
(c) The initial members to be appointed by the Governor are as
follows: one member for a term of one year; two members for a term of
two years; and two members for a term of three years. The Senate
Committee on Rules and the Speaker of the Assembly shall initially
each appoint one member for a term of four years. Thereafter,
appointments shall be made for four-year terms, expiring on June 1 of
the fourth year and until the appointment and qualification of his
or her successor or until one year shall have elapsed whichever first
occurs. Vacancies shall be filled for the unexpired term.
(d) No person shall serve as a member of the Registered Interior
Designers Committee for more than two consecutive terms.
(e) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
5713. (a) The committee shall review the qualifications of
candidates for examination for registration as a registered interior
designer and, after investigation, shall evaluate and make
recommendations regarding potential violations of this chapter.
(b) The committee may investigate, assist, and make
recommendations to the board regarding the regulation of registered
interior designers in this state.
(c) The committee may send a representative to all meetings of the
full board to report on the committee's activities.
(d) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
5714. Each member of the committee shall receive per diem and
expenses, as provided in Section 103.
5715. The executive officer of the board shall keep an accurate
record of all proceedings of the committee.
5716. The board shall prosecute all persons guilty of violating
the provisions of this chapter. Except as provided in Section 159.5,
the board may employ inspectors, special agents, investigators, and
clerical assistance as it may deem necessary to carry out the
provisions of this chapter. It may fix the compensation to be paid
for those services and incur any additional expense as may be deemed
necessary.
5717. (a) The board may select and contract with necessary
interior design consultants who are registered interior designers to
assist in its enforcement program on an intermittent basis. These
interior design consultants shall perform only those services that
are necessary to carry out and enforce this chapter.
(b) For purposes of Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code, a consultant under contract with the
board shall be considered a public employee.
5718. The committee may, in accordance with the Administrative
Procedure Act, adopt, amend, or repeal the rules and regulations that
are reasonably necessary to:
(a) Govern the examinations of applicants for registration to
practice registered interior design.
(b) Establish rules or professional conduct that are not
inconsistent with state or federal law. Every person who holds a
registration issued under this chapter shall be governed and
controlled by these rules.
(c) Carry out the provisions of this chapter.
Article 3. Practice Requirements
5720. (a) A registrant shall sign, date, and seal or stamp, using
a seal or stamp described in subdivision (b), all plans,
specifications, studies, drawings, and other documents he or she
issues for official use. The committee may adopt regulations
specifying the manner in which a registrant may electronically issue
those documents.
(b) A registrant shall use a seal or stamp of the design
authorized by the board, bearing his or her name, the serial number
included on his or her certificate of registration, and the legend
"registered interior designer."
(c) It is unlawful for a person to seal or stamp a plan,
specification, study, drawing, or other document after the
certificate of the registrant, named thereon, has expired or has been
suspended or revoked, unless the certificate has been renewed or
reissued.
(d) A plan, specification, study, drawing, or other document
prepared by a registrant shall contain a statement that the document
was prepared by a person registered pursuant to this chapter.
5721. A registrant may, in the practice of registered interior
design, collaborate with any of the following persons:
(a) An architect licensed pursuant to Chapter 3 (commencing with
Section 5500).
(b) An electrical, structural, or mechanical engineer registered
and authorized to use that title pursuant to Chapter 7 (commencing
with Section 6700).
5722. A person shall not bring or maintain an action in the
courts of this state for the collection of compensation for the
performance of an act or contract for which registration is required
by this chapter without alleging and proving that he or she was duly
registered under this chapter at all times during the performance of
the act or contract.
5723. (a) An office or place of business in this state that
engages in the practice of registered interior design shall have a
registered interior designer, who is a resident of this state,
regularly working in that office or place of business. That
registered interior designer shall have responsible supervisory
control for the registered interior design work conducted in that
office or place of business and may be held liable for violations of
this chapter committed by unregistered persons at the office or place
of business. This section shall not apply to an office or place of
business established for contract administration.
(b) "Contract administration" includes, but is not limited
to, all of the following services:
(1) Developing and monitoring schedules and construction costs.
(2) Ensuring construction is completed in conformance with
contracts and design intent.
(3) Serving as a liaison with contractors and consultants
throughout the course of construction.
(4) Reviewing shop drawings and submissions from the contractor.
(5) Observing and commenting on construction progress related to
interior design services.
(6) Monitoring move-in and furniture installation.
(7) Conducting required post-occupancy evaluations.
5724. (a) Notwithstanding any other provision of law, persons
registered pursuant to this chapter, architects licensed pursuant to
Chapter 3 (commencing with Section 5500), landscape architects
licensed pursuant to Chapter 3.5 (commencing with Section 5615), and
professional engineers registered pursuant to Chapter 7 (commencing
with Section 6700) may join or form a partnership, corporation, or
other business organization or association, except a limited
liability company or limited liability partnership, with persons
outside their field of practice who are not registered or licensed if
all of the following requirements are met:
(1) Control and two-thirds ownership of the business organization
or association are held by persons registered pursuant to this
chapter, architects licensed pursuant to Chapter 3 (commencing with
Section 5500), landscape architects licensed pursuant to Chapter 3.5
(commencing with Section 5615), or professional engineers registered
pursuant to Chapter 7 (commencing with Section 6700). For purposes of
this paragraph, "control" means the direct or indirect possession of
power to direct or cause the direction of the management and
policies of the business organization or association.
(2) The business organization or association demonstrates to the
satisfaction of the board that it is in compliance with the
requirements of this section.
(3) The business organization or association qualifies to do
business in this state.
(4) The business organization, if a corporation, obtains a
certificate of registration from the board and furnishes to the board
a complete list of all shareholders when it first registers with the
board, and annually thereafter within 30 days after the annual
meeting of the shareholders of the corporation, showing the number of
shares held by each shareholder.
(5) The business organization or association, if not a
corporation, obtains a certificate of registration from the board and
furnishes information similar to that required under paragraph (4),
as prescribed by the board by regulation.
(b) A business organization or association shall not perform,
promote, or advertise the services of a registered interior designer
unless a registered interior designer is an owner of the business
organization or association.
(c) A registrant practicing in a business organization or
association holding a certificate of registration pursuant to this
section remains subject to Section 5745.
(d) If an unregistered person, or a registrant who is not an
owner, and who is employed by or affiliated with a business
organization or association that holds a certificate pursuant to this
section, is found by the board to have violated a provision of this
chapter or a regulation of the committee or the board, the board may
hold the business organization or association and the registrants who
are owners responsible for the violation.
Article 4. Registration
5730. The committee shall issue a certificate of registration to
a person who meets all of the following requirements:
(a) Has not committed any of the acts listed in Section 5745.
(b) Completes an application for a certificate on a form
prescribed by the committee.
(c) Pays the registration fee prescribed by the committee pursuant
to Section 5755.
(d) Submits proof satisfactory to the committee of successful
completion of one of the following:
(1) A bachelor's degree program in interior design and 3,520 hours
of interior design experience, including 1,760 hours earned after
the degree program is completed.
(2) A bachelor's degree program in any major, no less than 60
semester or 90 quarter hours of interior design coursework that
culminates in a certificate or degree, and 3,520 hours of interior
design experience, including 1,760 hours earned after the degree
program and coursework are completed.
(3) No less than 60 semester or 90 quarter hours of interior
design coursework that culminates in a certificate, degree, or
diploma and 5,280 hours of interior design experience earned after
that coursework is completed.
(4) No less than 40 semester or 60 quarter hours of interior
design coursework that culminates in a certificate, degree, or
diploma and 7,040 hours of interior design experience earned after
that coursework is completed.
(e) Submits proof of passage of the examination prepared and
administered by the National Council for Interior Design
Qualification.
5730.1. (a) The board shall become a member of the Council of
Delegates of the National Council for Interior Design Qualification.
(b) It is the intent of the Legislature, in requiring the board to
comply with subdivision (a), to allow the standards for education
and experience set forth in this chapter to serve as the qualifying
criteria for California candidates to sit for the National Council
for Interior Design Qualification examination.
5731. The committee may issue a certificate of registration to a
person who, at the time of application, holds a valid registration to
practice registered interior design issued in another state if the
education and experience requirements imposed by that state are
equivalent to, or more stringent than, those imposed by this chapter,
as determined by the committee.
5732. (a) The committee may issue a certificate of registration
to a person who meets both of the following requirements.
(1) May lawfully represent himself or herself as a "certified
interior designer" pursuant to Section 5812.
(2) Submits an application to the board before January 1, 2011.
(b) The committee may issue a certificate of registration to a
person who submits an application to the committee before January 1,
2011, and submits proof acceptable to the committee of one of the
following:
(1) Ten years of experience in interior design.
(2) Eight years of experience in interior design and two years of
education in interior design that is acceptable to the committee.
(c) A person registered pursuant to this section who has not
passed the examination described in subdivision (e) of Section 5730
within the first two renewal periods shall, as a condition of renewal
of his or her certificate of registration, show proof acceptable to
the committee of both of the following:
(1) Passage of Section I of the examination described in
subdivision (e) of Section 5730.
(2) Completion of 15 hours of committee-approved continuing
education coursework relating to health, safety, and welfare
regulation. The hours earned pursuant to this paragraph shall be
credited toward the continuing education requirements established by
the committee.
5733. Before being issued a certificate of registration under
this chapter, an applicant shall personally appear before the
committee to take an oath prescribed by the committee.
5734. The committee may deny a certificate of registration for
any violation of this chapter.
5735. (a) Certificates issued pursuant to this chapter shall
include the full name of the registrant and a serial number and shall
be signed by the president and the secretary of the board under seal
of the board. The issuance of a certificate of registration by the
committee pursuant to this chapter is evidence that the registrant is
entitled to all the rights and privileges of a registered interior
designer while the certificate remains unsuspended, unrevoked, and
unexpired.
(b) The unauthorized use or display of a certificate of
registration is unlawful.
5736. (a) A certificate of registration issued pursuant to this
chapter shall expire two years after the date of issue.
(b) To renew the certificate, the registrant shall, on or before
the expiration date of the certificate, do all of the following:
(1) Apply for renewal on a form prescribed by the committee.
(2) Pay a renewal fee prescribed by the committee pursuant to
Section 5755.
(3) Submit proof of compliance with the continuing education
requirements established by the committee.
(4) Comply with subdivision (c) of Section 5732, if applicable.
(c) After a registrant has satisfied the requirements of
subdivision (b), the committee shall execute and issue a certificate
renewal card to the registrant, certifying that his or her
certificate of registration is renewed for two years. The certificate
renewal card shall bear the registrant's serial number, the seal of
the board, and the signature, or a facsimile thereof, of the
secretary or president of the board. The committee shall record the
renewal in the official register of the board.
5737. The committee may, by regulation, require registered
interior designers to complete not more than 10 hours of continuing
education per renewal period as a condition of renewal of their
certificates of registration.
5738. (a) Except as provided in subdivision (b), a certificate
of registration that is not renewed on or before its expiration date
may be renewed at any time within one year of the date of its
expiration if the registrant meets the requirements of subdivision
(b) of Section 5736.
(b) The committee may, by regulation, authorize the renewal of a
certificate of registration that has not been renewed within one year
of the date of its expiration.
5739. The committee shall issue, upon application, a retired
certificate of registration to a person registered by the committee
under this chapter who chooses to relinquish or not renew his or her
registration. A person holding a retired certificate of registration
pursuant to this section shall be permitted to use the title "retired
registered interior designer."
Article 5. Discipline
5745. (a) The board may, by order, suspend, revoke, or place on
probation the certificate of a registrant, assess a fine of not more
than ten thousand dollars ($10,000) against a registrant, impose the
costs of an investigation and prosecution upon a registrant, or take
any combination of these disciplinary actions if a registrant does
any of the following:
(1) Obtains a certificate of registration by fraud or concealment
of a material fact.
(2) Is found guilty by the board or a court of competent
jurisdiction of fraud, deceit, or concealment of a material fact in
his or her professional practice, or is convicted by a court of
competent jurisdiction of a crime involving moral turpitude.
(3) Is found mentally ill by a court of competent jurisdiction.
(4) Is found guilty by the board of incompetence, negligence, or
gross negligence in the practice of interior design.
(5) Affixes his or her signature, stamp, or seal to plans,
specifications, studies, drawings, or other instruments of service
that have not been prepared by him or her, or in his or her office,
or under his or her responsible supervisory control, or permits the
use of his or her name to assist a person who is not a registered
interior designer to evade any provision of this chapter.
(6) Aids or abets an unauthorized person to practice as a
registered interior designer.
(7) Violates a law, regulation, or code of ethics pertaining to
the practice of registered interior design.
(8) Fails to comply with an order issued by the board or fails to
cooperate with an investigation conducted by the board.
(b) An order issued pursuant to this section, and the findings of
fact and conclusions of law supporting that order, are public
records.
(c) The board shall not privately reprimand a registrant.
(d) For purposes of this section, the following terms have the
following meanings:
(1) "Gross negligence" means conduct that demonstrates a reckless
disregard of the consequences affecting the life or property of
another person.
(2) "Incompetence" means conduct that, in the practice of
registered interior design, demonstrates a significant lack of
ability, knowledge, or fitness to discharge a professional
obligation.
(3) "Negligence" means a deviation from the normal standard of
professional care exercised generally by other persons engaging in
the practice of registered interior design.
5746. The proceedings for the disciplinary actions described in
this article shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
5747. An order placing a registrant on probation pursuant to
Section 5745 may include, but shall be not be limited to, any of the
following conditions:
(a) Restriction on the scope of practice of the registrant.
(b) Peer review by peers designated by the board.
(c) Required continuing education or counseling.
(d) Payment of restitution to persons who suffered harm or loss.
Article 6. Offenses Against the Chapter
5750. (a) It is unlawful for a person to do any of the following:
(1) Hold himself or herself out to the public or solicit business
as a registered interior designer in this state without holding a
certificate of registration issued by the committee pursuant to this
chapter. This paragraph does not prohibit a person who is exempt from
this chapter pursuant to Section 5704 or 5706 from holding himself
or herself out to the public or soliciting business in this state as
an interior designer.
(2) Advertise or put out any sign, card, or other device that
indicates to the public that he or she is a registered interior
designer or that he or she is otherwise qualified to engage in the
practice of registered interior design, without holding a certificate
of registration issued by the committee pursuant to this chapter.
(3) Practice registered interior design, or use the title
"registered interior designer," in this state unless he or she holds
a certificate of registration issued by the committee pursuant to
this chapter.
(4) Violate any provision of this chapter.
(b) This section does not prohibit a person certified or otherwise
qualified or approved by a private organization from using a term or
title copyrighted or otherwise protected under law by the certifying
organization or from providing services customarily associated with
that title, or specified by the certifying organization, or as
specified in Section 5703, provided that the use of that term or
title does not connote registration under this chapter.
5751. A person who violates any provision of this chapter is
guilty of a misdemeanor, punishable as follows:
(a) For a first violation, the person shall be punished by a fine
of not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000), or by imprisonment in the county jail for
not more than six months, or by both that fine and imprisonment.
(b) For a second or subsequent violation, the person shall be
punished by a fine of not less than one thousand dollars ($1,000) nor
more than two thousand dollars ($2,000), or by imprisonment in the
county jail for not more than one year, or by both that fine and
imprisonment.
5752. In addition to any other penalty prescribed by law, a
person who violates any provision of this chapter or any regulation
adopted by the committee or the board is subject to a civil penalty
of not more than ten thousand dollars ($10,000) for each violation.
That penalty shall be imposed by the board at a hearing conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
5753. The district attorney in each county shall prosecute all
violations of this chapter occurring in his or her jurisdiction at
the request of the board.
Article 7. Revenue
5755. The committee shall, by regulation, assess fees for
registration, registration renewal, and other items in amounts
sufficient to cover the administrative and operating expenses related
to this chapter incurred by the committee and by the board.
5756. Within 10 days of the beginning of each calendar month, all
fees collected pursuant to this chapter shall be paid into the State
Treasury to the credit of the California Architects Board-Registered
Interior Designers Fund, which is hereby created.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund shall be continuously appropriated for expenditure
created. All moneys in the fund shall, subject to appropriation
by the Legislature in the annual Budget Act, be expended in
the manner prescribed by law to defray the expenses of the committee
and the board in carrying out and enforcing the provisions of this
chapter.
SEC. 6. SEC. 7. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.