BILL NUMBER: SB 1312 AMENDED
BILL TEXT
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 101, 128.5, 130, 5502, 5565, 5601, 5602,
5603, 5610, 5620, 5682, and 5683 of, to add Section 5503 to, to add
Chapter 3.6 (commencing with Section 5700) and Chapter 3.7
(commencing with Section 5750) to Division 3 of, to repeal Sections
5701 and 5707 of, and to repeal Article 2 (commencing with Section
5510) of Chapter 3 of Division 3 of, the Business and Professions
Code, to amend Section 13401 of the Corporations Code, and to amend
Section 26509 of the Government Code, relating to interior design,
and making an appropriation therefor.
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 and imposes various
related fees that are deposited in the California Architects Board
Fund, a continuously appropriated fund. Under existing law, the board
consists of 10 members, including 5 architects and 5 public members.
This bill would eliminate the California Architects Board and
instead establish the California Architects and Registered Interior
Designers Board which would consist of 12 members, including 5
architects, 4 registered interior designers, and 3 public members.
The bill would provide for the registration and regulation by the
board of persons that engage in the practice of registered interior
design, as defined, and would require the board 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 rename the California Architects Board Fund, the
California Architects and Registered Interior Designers Fund and
would authorize the board to impose various fees on registered
interior designers, which would 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 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 make
conforming changes and 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. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101 of the Business and Professions Code is
amended to read:
101. The department is comprised of:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects and Registered Interior Designers
Board.
(h) The State Board of Barbering and Cosmetology.
(i) The Board for Professional Engineers and Land Surveyors.
(j) The Contractors' State License Board.
(k) The Bureau for Private Postsecondary and Vocational Education.
() The Structural Pest Control Board.
(m) The Bureau of Home Furnishings and Thermal Insulation.
(n) The Board of Registered Nursing.
(o) The Board of Behavioral Sciences.
(p) The State Athletic Commission.
(q) The Cemetery and Funeral Bureau.
(r) The State Board of Guide Dogs for the Blind.
(s) The Bureau of Security and Investigative Services.
(t) The Court Reporters Board of California.
(u) The Board of Vocational Nursing and Psychiatric Technicians of
the State of California.
(v) The Landscape Architects Technical Committee.
(w) The Bureau of Electronic and Appliance Repair.
(x) The Division of Investigation.
(y) The Bureau of Automotive Repair.
(z) The State Board for Geologists and Geophysicists.
(aa) The Respiratory Care Board of California.
(ab) The Acupuncture Board.
(ac) The Board of Psychology.
(ad) The California Board of Podiatric Medicine.
(ae) The Physical Therapy Board of California.
(af) The Arbitration Review Program.
(ag) The Committee on Dental Auxiliaries.
(ah) The Hearing Aid Dispensers Bureau.
(ai) The Physician Assistant Committee.
(aj) The Speech-Language Pathology and Audiology Board.
(ak) The California Board of Occupational Therapy.
(al) The Osteopathic Medical Board of California.
(am) The Bureau of Naturopathic Medicine.
(an) Any other boards, offices, or officers subject to its
jurisdiction by law.
SEC. 2. Section 128.5 of the Business and Professions Code is
amended to read:
128.5. (a) Notwithstanding any other provision of law, if at the
end of any fiscal year, an agency within the Department of Consumer
Affairs, except the agencies referred to in subdivision (b), has
unencumbered funds in an amount that equals or is more than the
agency's operating budget for the next two fiscal years, the agency
shall reduce license or other fees, whether the license or other fees
be fixed by statute or may be determined by the agency within limits
fixed by statute, during the following fiscal year in an amount that
will reduce any surplus funds of the agency to an amount less than
the agency's operating budget for the next two fiscal years.
(b) Notwithstanding any other provision of law, if at the end of
any fiscal year, the California Architects and Registered Interior
Designers Board, the Board of Behavioral Sciences, the Veterinary
Medical Board, the Court Reporters Board of California, the Medical
Board of California, the Board of Vocational Nursing and Psychiatric
Technicians of the State of California, or the Bureau of Security and
Investigative Services has unencumbered funds in an amount that
equals or is more than the agency's operating budget for the next two
fiscal years, the agency shall reduce license or other fees, whether
the license or other fees be fixed by statute or may be determined
by the agency within limits fixed by statute, during the following
fiscal year in an amount that will reduce any surplus funds of the
agency to an amount less than the agency's operating budget for the
next two fiscal years.
SEC. 3. Section 130 of the Business and Professions Code is
amended to read:
130. (a) Notwithstanding any other provision of law, the term of
office of any member of an agency designated in subdivision (b) shall
be for a term of four years expiring on June 1.
(b) Subdivision (a) applies to the following boards or committees:
(1) The Medical Board of California.
(2) The California Board of Podiatric Medicine.
(3) The Physical Therapy Board of California.
(4) The Board of Registered Nursing.
(5) The Board of Vocational Nursing and Psychiatric Technicians of
the State of California.
(6) The State Board of Optometry.
(7) The California State Board of Pharmacy.
(8) The Veterinary Medical Board.
(9) The California Architects and Registered Interior Designers
Board.
(10) The Landscape Architect Technical Committee.
(11) The Board for Professional Engineers and Land Surveyors.
(12) The Contractors' State License Board.
(13) The State Board of Guide Dogs for the Blind.
(14) The Board of Behavioral Sciences.
(15) The Structural Pest Control Board.
(16) The Bureau of Electronic and Appliance Repair.
(17) The Court Reporters Board of California.
(18) The State Board for Geologists and Geophysicists.
(19) The State Athletic Commission.
(20) The Osteopathic Medical Board of California.
(21) The Respiratory Care Board of California.
(22) The Acupuncture Board.
(23) The Board of Psychology.
SEC. 4. Section 5502 of the Business and Professions Code is
amended to read:
5502. As used in this chapter, board refers to the California
Architects and Registered Interior Designers Board.
SEC. 5. Section 5503 is added to the Business and Professions
Code, to read:
5503. The California Architects and Registered Interior Designers
Board shall administer and enforce the provisions of this chapter.
SEC. 6. Article 2 (commencing with Section 5510) of Chapter 3 of
Division 3 of the Business and Professions Code is repealed.
SEC. 7. Section 5565 of the Business and Professions Code is
amended to read:
5565. The decision may:
(a) Provide for the immediate complete suspension by the holder of
the license of all operations as an architect during the period
fixed by the decision.
(b) Permit the holder of the license to complete any or all
contracts for the performance of architectural services shown by
evidence taken at the hearing to be then unfinished.
(c) Impose upon the holder of the license compliance with any
specific conditions as may be just in connection with his or her
operations as an architect disclosed at the hearing, and may further
provide that until those conditions are complied with no application
for restoration of the suspended or revoked license shall be accepted
by the board.
(d) Assess a fine not in excess of five thousand dollars ($5,000)
against the holder of a license for any of the causes specified in
Section 5577. A fine may be assessed in lieu of, or in addition to, a
suspension or revocation. All fines collected pursuant to this
subdivision shall be deposited to the credit of the California
Architects and Registered Interior Designers Board Fund.
SEC. 8. Section 5601 of the Business and Professions Code is
amended to read:
5601. Within 10 days after the beginning of every month, all fees
collected by the department for the month preceding, under the
provisions of this chapter, shall be paid into the State Treasury to
the credit of the California Architects and Registered Interior
Designers Board Fund.
SEC. 9. Section 5602 of the Business and Professions Code is
amended to read:
5602. The money paid pursuant to this chapter into the California
Architects and Registered Interior Designers Board Fund, which is
hereby continued in existence, shall be used in the manner prescribed
by law to defray the expenses of the board in carrying out and
enforcing the provisions of this chapter and Chapter 3.6 (commencing
with Section 5700).
SEC. 10. Section 5603 of the Business and Professions Code is
amended to read:
5603. The board shall make available to local building
departments, and others upon request, an official roster listing the
name, license number, and address of all its licensees issued
licenses pursuant to this chapter and who are in good standing. The
roster shall be open to inspection by the public during office hours
of the board. Except for local building departments, the board may
charge a fee for the maintenance, publication, and distribution of
the roster, not to exceed the actual cost. All fees collected
pursuant to this section shall be deposited in the California
Architects and Registered Interior Designers Board Fund.
SEC. 11. Section 5610 of the Business and Professions Code is
amended to read:
5610. A professional architectural corporation is a corporation
which is authorized to render professional services, as defined in
Section 13401 of the Corporations Code, so long as that corporation
and its shareholders, officers, directors, and employees rendering
professional services who are licensed architects, are in compliance
with the Moscone-Knox Professional Corporation Act (Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code), this article, and all other statutes and
regulations pertaining to the corporation and the conduct of its
affairs. With respect to an architectural corporation, the
governmental agency referred to in the Moscone-Knox Professional
Corporation Act is the California Architects and Registered Interior
Designers Board.
SEC. 12. Section 5620 of the Business and Professions Code is
amended to read:
5620. The duties, powers, purposes, responsibilities, and
jurisdiction of the California State Board of Landscape Architects
that were succeeded to and vested with the Department of Consumer
Affairs in accordance with Chapter 908 of the Statutes of 1994 are
hereby transferred to the California Architects and Registered
Interior Designers Board. The Legislature finds that the purpose for
the transfer of power is to promote and enhance the efficiency of
state government and that assumption of the powers and duties by the
California Architects and Registered Interior Designers Board shall
not be viewed or construed as a precedent for the establishment of
state regulation over a profession or vocation that was not
previously regulated by a board, as defined in Section 477.
(a) There is in the Department of Consumer Affairs a California
Architects and Registered Interior Designers Board as defined in
Chapter 3.6 (commencing with Section 5700).
Whenever in this chapter "board" is used it refers to the
California Architects and Registered Interior Designers Board.
(b) Except as provided herein, the board may delegate its
authority under this chapter to the Landscape Architects Technical
Committee.
(c) After review of proposed regulations, the board may direct the
examining committee to notice and conduct hearings to adopt, amend,
or repeal regulations pursuant to Section 5630, provided that the
board itself shall take final action to adopt, amend, or repeal those
regulations.
(d) The board shall not delegate its authority to discipline a
landscape architect 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.
SEC. 13. Section 5682 of the Business and Professions Code is
amended to read:
5682. Within 10 days after the beginning of every month, all fees
collected by the department for the month preceding, under the
provisions of this chapter, shall be paid into the State Treasury to
the credit of the California Architects and Registered Interior
Designers Board-Landscape Architects Fund, which is hereby created.
SEC. 14. Section 5683 of the Business and Professions Code is
amended to read:
5683. The money paid into the California Architects and
Registered Interior Designers Board-Landscape Architects Fund shall
be used for expenditure in the manner prescribed by law to defray the
expenses of the board and in carrying out and enforcing the
provisions of this chapter.
SEC. 15. Chapter 3.6 (commencing with Section 5700) is added to
Division 3 of the Business and Professions Code, to read:
CHAPTER 3.6. CALIFORNIA ARCHITECTS AND REGISTERED INTERIOR
DESIGNERS BOARD
5700. As used in this chapter, the following terms shall have the
following meanings:
(a) "Licensee" means a person licensed pursuant to Chapter 3
(commencing with Section 5500).
(b) "Registrant" means a person registered pursuant to Chapter 3.7
(commencing with Section 5750).
5701. (a) There is in the Department of Consumer Affairs a
California Architects and Registered Interior Designers Board that
consists of 12 members.
(b) "Board," as used in this chapter, Chapter 3 (commencing with
Section 5500), and Chapter 3.7 (commencing with Section 5750), means
the California Architects and Registered Interior Designers Board.
(c) Any reference in law to the California Architects Board or to
the California Board of Architectural Examiners shall mean the
California Architects and Registered Interior Designers Board.
(d) 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).
5702. The Legislature finds and declares that it is the mandate
of the board to regulate the practice of architecture, as defined in
Section 5500.1, and the practice of registered interior design, as
defined in Section 5753, in the interest and for the protection of
the public health, safety, and welfare. For this purpose, the board
shall delineate the minimum professional qualifications and
performance standards for admission to and practice of the profession
of architecture. The board shall establish a fair and uniform
enforcement policy to deter and prosecute violations of Chapter 3
(commencing with Section 5500) and Chapter 3.7 (commencing with
Section 5750) or any rules and regulations promulgated pursuant to
those chapters to provide for the protection of the consumer.
5703. Protection of the public shall be the highest priority for
the California Architects and Registered Interior Designers Board 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.
5704. (a) The membership of the board shall be composed of 12
members, five of whom shall be state licensed architects, four of
whom shall be state registered interior designers, and three 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 four registered
interior designer members 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 four registered interior designer members of the
board shall be selected from persons who are eligible to become
registered under Chapter 3.7 (commencing with Section 5750) and shall
become registered pursuant to that chapter within one year of
appointment.
(d) The public members of the board shall not be licensees or
registrants of the board.
5705. Every person appointed to the board 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 one of the public members and the five
state licensed architect members qualified as provided in Section
5704. The Senate Committee on Rules and the Speaker of the Assembly
shall each appoint one public member and two of the state registered
interior designer members qualified as provided in Section 5704.
5706. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
5707. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
(b) 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.
5708. The duty of administering and enforcing this chapter,
Chapter 3 (commencing with Section 5500), and Chapter 3.7 (commencing
with Section 5750) is vested in the board and the executive officer
subject to, and under the direction of, the board.
5709. The board shall elect from its members a president, a vice
president, and a secretary to hold office for one year, or until
their successors are duly elected and qualified.
5710. The board shall adopt a seal for its own use. The seal used
shall have the words, "State Board of Architects and Registered
Interior Designers" inscribed thereon.
The executive officer shall have the care and custody of the seal.
5711. The executive officer shall keep an accurate record of all
proceedings of the board.
5712. The board shall meet at least once each calendar quarter
for the purpose of transacting the business that may lawfully come
before it.
The board may hold meetings at any other times and at any place it
designates.
5713. Special meetings of the board shall be called by the
executive officer upon the written notice of four members by giving
each member of the board 10 days' written notice of the time and
place of the meeting.
5714. 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.
5715. The board may prosecute all persons guilty of violating the
provisions of Chapter 3 (commencing with Section 5500) or Chapter
3.7 (commencing with Section 5750). Except as provided in Section
159.5, the board may employ the inspectors, special agents,
investigators, and clerical assistants it deems necessary to carry
into effect the provisions of Chapter 3 (commencing with Section
5500) and Chapter 3.7 (commencing with Section 5750). It may also fix
the compensation to be paid for those services and incur such
additional expense as may be deemed necessary.
5716. (a) The board shall adopt rules and regulations governing
the examination of applicants for licenses to practice architecture
in this state.
(b) The board may incur any necessary expenses to administer
Chapter 3.7 (commencing with Section 5750), but those expenses shall
not exceed the revenue derived from the fees imposed pursuant to that
chapter.
(c) The board may, by rule or regulation, adopt rules of
professional conduct that are not inconsistent with state or federal
law. Every person who holds a license or registration issued by the
board shall be governed and controlled by these rules.
(d) The board may adopt other rules and regulations as may be
necessary and proper.
(e) The board may, from time to time, repeal, amend, or modify
rules and regulations adopted under this section. No rule or
regulation shall be inconsistent with Chapter 3 (commencing with
Section 5500) or Chapter 3.7 (commencing with Section 5750).
(f) The board shall adopt, by regulation, a system as described in
Section 125.9, for the issuance to a licensee of a citation and a
system, as described in Section 148, for the issuance of an
administrative citation to an unlicensed person who is acting in the
capacity of a licensee under the jurisdiction of the board.
(g) The adoption, repeal, amendment, or modification of these
rules and regulations shall be made in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
5717. Whenever a person has engaged in or is about to engage in
an act or practice which constitutes or which will constitute an
offense against Chapter 3 (commencing with Section 5500) or Chapter
3.7 (commencing with Section 5750), the superior court of the county
in which the offense has occurred or is about to occur, on
application of the board, may issue an injunction or other
appropriate order restraining that act or practice.
The proceedings authorized by this section shall be conducted in
accordance with the provisions contained in Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, except that no bond or undertaking is required in an
action commenced by the board.
5718. (a) The board may select and contract with necessary
architect consultants who are licensed architects to assist it in its
enforcement program on an intermittent basis. The architect
consultants shall perform only those services that are necessary to
carry out and enforce this chapter and Chapter 3 (commencing with
Section 5500).
(b) 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 and Chapter 3.7
(commencing with Section 5750).
(c) For the 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.
SEC. 16. Chapter 3.7 (commencing with Section 5750) is added to
Division 3 of the Business and Professions Code, to read:
CHAPTER 3.7. REGISTERED INTERIOR DESIGNERS
Article 1. General
5750. 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.
5751. The California Architects and Registered Interior Designers
Board shall administer and enforce the provisions of this chapter.
5752. For purposes of this chapter, the following terms have the
following meanings:
(a) "Board" means the California Architects and Registered
Interior Designers 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) "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.
(d) "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.
(e) "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.
(f) "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.
(g) "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.
(h) "Registrant" means a person registered pursuant to the
provisions of this chapter.
(i) "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.
(j) "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.
(k) "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.
(l) "Specifications" means the detailed written description of
construction, workmanship, and materials of the work to be
undertaken.
5753. "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.
5754. (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 professional engineer registered pursuant to Chapter 7
(commencing with Section 6700).
(3) 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.
(4) A person performing registered interior design work under the
responsible supervisory control of a registered interior designer.
(5) A consultant retained by a registered interior designer.
(6) 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.
(7) 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.
Article 2. Practice Requirements
5760. (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 board 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.
5761. 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).
5762. 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.
5763. (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.
5764. (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 5785.
(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 board, the board may hold the business
organization or association and the registrants who are owners
responsible for the violation.
Article 3. Registration
5770. The board 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 5785.
(b) Completes an application for a certificate on a form
prescribed by the board.
(c) Pays the registration fee prescribed by the board pursuant to
Section 5795.
(d) Submits proof satisfactory to the board 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 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 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.
5771. The board 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 board.
5772. (a) The board shall 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 board shall issue a certificate of registration to a
person who submits an application to the board before January 1,
2011, and submits proof acceptable to the board 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 board.
(c) A person registered pursuant to this section who has not
passed the examination described in subdivision (e) of Section 5770
within the first two renewal periods shall, as a condition of renewal
of his or her certificate of registration, show proof acceptable to
the board of both of the following:
(1) Passage of Section I of the examination described in
subdivision (e) of Section 5770.
(2) Completion of 15 hours of board-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 board.
5773. Before being issued a certificate of registration under
this chapter, an applicant shall personally appear before the board
to take an oath prescribed by the board.
5774. The board may deny a certificate of registration for any
violation of this chapter.
5775. (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
board 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.
5776. (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 board.
(2) Pay a renewal fee prescribed by the board pursuant to Section
5795.
(3) Submit proof of compliance with the continuing education
requirements established by the board.
(4) Comply with subdivision (c) of Section 5772, if applicable.
(c) After a registrant has satisfied the requirements of
subdivision (b), the secretary of the board 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 secretary of the board
shall record the renewal in the official register of the board.
5777. The board 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.
5778. (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 5776.
(b) The board 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.
5779. The board shall issue, upon application, a retired
certificate of registration to a person registered by the board 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 4. Discipline
5785. (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.
5786. 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.
5787. An order placing a registrant on probation pursuant to
Section 5785 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 5. Offenses Against the Chapter
5790. (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 board pursuant to this
chapter. This paragraph does not prohibit a person who is exempt from
this chapter pursuant to Section 5754 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 board 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 board 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 5753, provided that the use of that term
or title does not connote registration under this chapter.
(c) This section does not prohibit a person from providing
services as specified in Section 5538, provided he or she does not
hold himself or herself out to the public as, or solicit business as,
a registered interior designer, unless the person holds a valid
certificate of registration issued by the board pursuant to this
chapter.
5791. 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.
5792. In addition to any other penalty prescribed by law, a
person who violates any provision of this chapter or any regulation
adopted by 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.
5793. 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 6. Revenue
5795. The board shall 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 board. All moneys collected pursuant to this chapter
shall be deposited in the California Architects and Registered
Interior Designers Board Fund and shall be used for expenditure in
the manner prescribed by law to defray the expenses of the board and
in carrying out and enforcing the provisions of this chapter and
Chapter 3.6 (commencing with Section 5700).
SEC. 17. Section 13401 of the Corporations Code is amended to
read:
13401. As used in this part:
(a) "Professional services" means any type of professional
services that may be lawfully rendered only pursuant to a license,
certification, or registration authorized by the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act.
(b) "Professional corporation" means a corporation organized under
the General Corporation Law or pursuant to subdivision (b) of
Section 13406 that is engaged in rendering professional services in a
single profession, except as otherwise authorized in Section
13401.5, pursuant to a certificate of registration issued by the
governmental agency regulating the profession as herein provided and
that in its practice or business designates itself as a professional
or other corporation as may be required by statute. However, any
professional corporation or foreign professional corporation
rendering professional services by persons duly licensed by the
Medical Board of California or any examining committee under the
jurisdiction of the board, the Osteopathic Medical Board of
California, the Dental Board of California, the California State
Board of Pharmacy, the Veterinary Medical Board, the California
Architects and Registered Interior Designers Board, the Court
Reporters Board of California, the Board of Behavioral Sciences, the
Speech-Language Pathology and Audiology Board, the Board of
Registered Nursing, or the State Board of Optometry shall not be
required to obtain a certificate of registration in order to render
those professional services.
(c) "Foreign professional corporation" means a corporation
organized under the laws of a state of the United States other than
this state that is engaged in a profession of a type for which there
is authorization in the Business and Professions Code for the
performance of professional services by a foreign professional
corporation.
(d) "Licensed person" means any natural person who is duly
licensed under the provisions of the Business and Professions Code,
the Chiropractic Act, or the Osteopathic Act to render the same
professional services as are or will be rendered by the professional
corporation or foreign professional corporation of which he or she is
or intends to become, an officer, director, shareholder, or
employee.
(e) "Disqualified person" means a licensed person who for any
reason becomes legally disqualified (temporarily or permanently) to
render the professional services that the particular professional
corporation or foreign professional corporation of which he or she is
an officer, director, shareholder, or employee is or was rendering.
SEC. 18. Section 26509 of the Government Code is amended to read:
26509. (a) Notwithstanding any other provision of law, including
any provision making records confidential, and including Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code, the district attorney shall be given access to,
and may make copies of, any complaint
against a person subject to regulation by a consumer-oriented state
agency and any investigation of the person made by the agency, where
that person is being investigated by the district attorney regarding
possible consumer fraud.
(b) Where the district attorney does not take action with respect
to the complaint or investigation, the material shall remain
confidential.
(c) Where the release of the material would jeopardize an
investigation or other duties of a consumer-oriented state agency,
the agency shall have discretion to delay the release of the
information.
(d) As used in this section, a consumer-oriented state agency is
any state agency that regulates the licensure, certification, or
qualification of persons to practice a profession or business within
the state, where the regulation is for the protection of consumers
who deal with the professionals or businesses. It includes, but is
not limited to, all of the following:
(1) The Dental Board of California.
(2) The Medical Board of California.
(3) The State Board of Optometry.
(4) The California State Board of Pharmacy.
(5) The Veterinary Medical Board.
(6) The California Board of Accountancy.
(7) The California Architects and Registered Interior Designers
Board.
(8) The State Board of Barbering and Cosmetology.
(9) The Board for Professional Engineers and Land Surveyors.
(10) The Contractors' State License Board.
(11) The Funeral Directors and Embalmers Program.
(12) The Structural Pest Control Board.
(13) The Bureau of Home Furnishings and Thermal Insulation.
(14) The Board of Registered Nursing.
(15) The State Board of Chiropractic Examiners.
(16) The Board of Behavioral Science Examiners.
(17) The State Athletic Commission.
(18) The Cemetery Program.
(19) The State Board of Guide Dogs for the Blind.
(20) The Bureau of Security and Investigative Services.
(21) The Court Reporters Board of California.
(22) The Board of Vocational Nursing and Psychiatric Technicians
of the State of California.
(23) The Osteopathic Medical Board of California.
(24) The Division of Investigation.
(25) The Bureau of Automotive Repair.
(26) The State Board for Geologists and Geophysicists.
(27) The Department of Alcoholic Beverage Control.
(28) The Department of Insurance.
(29) The Public Utilities Commission.
(30) The State Department of Health Services.
(31) The New Motor Vehicle Board.
SEC. 19. 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.