2003 -- S 0063

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LC00171

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- INTERIOR DESIGNERS

     Introduced By: Senators Tassoni, Polisena, Damiani, and Bates

     Date Introduced: January 15, 2003

     Referred To: Senate Financial, Technology, Regulatory

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 5 of the General Laws entitled "Businesses and Professions" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 5-74

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INTERIOR DESIGNERS

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     5-74-1. Definitions. – As used in this chapter:

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     (1) "Director" means the director of the department of business regulations.

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     (2) "Interior Designer" means a person qualified by education, experience and

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examination who: (i) identifies, researches and creatively solves problems pertaining to the

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function and quality of the interior environment; and (ii) performs services relative to interior

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spaces, including programming, design analysis, space planning and aesthetics, using specialized

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knowledge of non-load bearing interior construction, building systems and components, building

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codes, equipment, materials and furnishings; and (iii) prepares plans and specifications for non-

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load bearing interior construction, materials, finishes, space planning, reflected ceiling plans,

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furnishing, fixtures and equipment relative to the design of interior spaces in order to enhance and

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protect the health, safety and welfare of the public.

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     5-74-2. Use of title. – No person shall use the title "interior designer" or display or use

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any words, letters, figures, title, advertisement or other device to indicate that he or she is an

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interior designer unless he or she: (i) has obtained a certificate of registration as provided in this

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chapter; or (ii) is an architect licensed in this state; or (iii) has used or has been identified by the

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title "interior designer" for at least five (5) years preceding October 1, 2003.

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     5-74-3. Application for certificate of registration -- Fee. – (a) Any person seeking a

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certificate of registration as an interior designer shall apply to the director in writing, on a form

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provided by the department of business regulations. Such application shall include the applicant's

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name, residence address, business address and such other information as the director may, by

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regulation, require.

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     (b) Each application for a certificate of registration shall be accompanied by a fee of one

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hundred fifty dollars ($150), provided, however, that any architect licensed in this state shall be

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exempt from such fee.

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     5-74-4. Qualifications for certificate -- Reciprocity. – (a) Except as provided in

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subsection (b) of this section, no person shall be issued a certificate of registration as an interior

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designer unless such person submits satisfactory proof that such person has passed: (1) the

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uniform national examination established by the National Council for Interior Design

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Qualifications; or (2) any other examination with standards or requirements equal to or greater

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than those established by such council, provided the requirements of this subsection shall not

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apply to an architect licensed in this state.

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     (b) The director may issue a certificate of registration as an interior designer, without

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examination, to any person who is currently registered or licensed in another state having

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registration or licensing standards or requirements equal to or greater than the standards or

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requirements established in this chapter.

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     5-74-5. Issuance of certificate of registration -- Suspension, revocation, refusal to

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renew -- Notice and hearing. – (a) Upon receipt of a completed application and fee, the

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director shall: (1) Issue and deliver to the applicant a certificate of registration as an interior

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designer; or (2) refuse to issue such certificate. The director may suspend, revoke or refuse to

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issue or renew any certificate issued under sections 5-74-1 through 5-74-12 for any of the reasons

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stated in section 5-74-9.

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     (b) Upon refusal to issue a certificate, the director shall notify the applicant of the denial

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and of the applicant's right to request a hearing within ten (10) days from the date of receipt of the

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notice of denial.

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     (c) If the applicant requests a hearing within such ten (10) days, the director shall give

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notice of the grounds for his or her refusal and shall conduct a hearing concerning such refusal in

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accordance with chapter 42-35, the Administrative Procedures Act.

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     5-74-6. Record of registrants. – A certificate of registration as an interior designer shall

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be evidence that the person named on the certificate is entitled to the rights and privileges of a

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registered interior designer while such certificate remains in effect. The director shall keep a

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roster of the names and addresses of all registered interior designers, all licensed architects, and

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of such other information as the director may by regulation require. Annually, during the month

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of September, the director shall place such roster on file with the secretary of state and with the

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building department and library of each town. The director shall maintain an index and record of

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each certificate of registration. A certificate shall remain in effect until revoked or suspended as

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provided in section 5-74-9.

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     5-74-7. Investigations. – (a) The director may conduct investigations and hold hearings

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on any matter under the provisions of this chapter. The director may issue subpoenas, administer

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oaths, compel testimony and order the production of books, records and documents. If any

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person refuses to appear, to testify or to produce any book, record, paper or document when so

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ordered, upon application of the director, a judge of the superior court may make such order as

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may be appropriate to aid in the enforcement of this section.

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     (b) The attorney general, at the request of the director, is authorized to apply in the name

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of the state of Rhode Island to the superior court for an order temporarily or permanently

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restraining and enjoining any person from violating any provision of this chapter.

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     5-74-8. Revocation or suspension of certificate of registration. – (a) The commissioner

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may revoke or suspend any certificate of registration as an interior designer for: (1) conduct of a

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character likely to mislead, deceive, defraud the public or the director; (2) gross incompetence; or

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(3) violation of any of the provisions of this chapter, or any regulation adopted pursuant to any of

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such provisions.

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     (b) The director shall not revoke or suspend any certificate of registration as an interior

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designer except upon notice and hearing.

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     5-74-9. Certificate of registration -- Prohibitions. – (a) A registered interior designer

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shall exhibit his or her certificate of registration upon request by any interested party.

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     (b) No person shall: (1) present or attempt to present, as his or her own, the certificate

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of another; (2) knowingly give false evidence of a material nature to the director for the purpose

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of procuring a certificate; (3) use or attempt to use a certificate which has expired or which has

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been suspended or revoked, to represent himself or herself falsely as, or impersonate, a registered

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interior designer or to include his or her certificate number as a part of any advertisement or

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represent in a manner that his or her certificate or registration constitutes an endorsement of the

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ability of his or her workmanship or of his or her competency by the commissioner.

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     (c) Certificates of registration issued to an interior designer shall not be transferable or

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assignable.

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     (d) All certificates of registration issued under the provisions of this chapter, shall expire

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annually.

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     (e) The fee for renewal of a certificate of registration as an interior designer shall be one

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hundred fifty dollars ($150), provided, however, any architect licensed in this state shall be

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exempt from such fee.

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     5-74-10. Regulations. -- The director shall adopt regulations in order to carry out the

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provisions of this chapter.

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     5-74-11. Appeals -- Any person approved by an order or decision of the director under

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the provisions of this chapter, may appeal the decision in accordance with chapter 42-35, the

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Administrative Procedures Act.

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     5-74-12. Penalties. – Any person who knowingly, willfully or intentionally violates any

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provision of this chapter shall be fined not more than five hundred dollars ($500) or imprisoned

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not more than one (1) year or both.

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     SECTION 2. This act shall take effect upon passage.

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LC00171

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- INTERIOR DESIGNERS

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     This act would provide a procedure for licensing and registering interior designers.

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     This act would take effect upon passage.

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LC00171

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