71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1385
 
                         House Bill 3005
 
Sponsored by Representative GARDNER; Representatives BATES,
  BROWN, DEVLIN, GARRARD, HILL, KNOPP, KRUMMEL, MORRISETTE,
  STARR, V WALKER, WESTLUND, WINTERS, ZAUNER, Senators L BEYER,
  BROWN, COURTNEY, HARTUNG, MINNIS
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Creates Oregon Board of Interior Design. Requires registration
to practice interior design. Imposes civil penalty of up to $500
for violation.
  Takes effect on 91st day following adjournment sine die.
 
                        A BILL FOR AN ACT
Relating to interior design; appropriating money; and prescribing
  an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 12 of this 2001 Act:
  (1) 'Board' means the Oregon Board of Interior Design.
  (2)(a) 'Interior design' means the following when related to
nonstructural interior elements of a building or structure:
  (A) Designs;
  (B) Consultations;
  (C) Coordination;
  (D) Studies;
  (E) Drawings;
  (F) Specifications; and
  (G) Administration of design construction contracts.
  (b) 'Interior design' includes, but is not limited to:
  (A) Space requirement reports;
  (B) Space planning;
  (C) Reflected ceiling plans;
  (D) Furniture and furnishings plans; and
  (E) Plans related to the fabrication of nonstructural interior
elements of a building or structure.
  (c) 'Interior design' does not include the design of or the
responsibility for architectural and engineering work.
  (3) 'Nonstructural interior element' means an element that does
not require structural bracing and is not a load-bearing wall,
column or other load-bearing element essential to the structural
integrity of a building.
  (4) 'Reflected ceiling plan' means a ceiling design drawing
that may include the location of lighting fixtures,
specifications of ceiling materials and finishes and other
ceiling elements.
 
  (5) 'Registered interior designer' means an individual
registered to practice interior design under section 7 or 8 of
this 2001 Act.
  (6) 'Space planning' means the analysis, programming or design
of spatial requirements, including preliminary and final space
layouts. + }
  SECTION 2.  { + (1) There is established the Oregon Board of
Interior Design consisting of five members appointed by the
Governor.
  (2) Four members of the board shall be practicing interior
designers who have a minimum of five years' experience and have a
registration in good standing issued under section 7 or 8 of this
2001 Act. One member shall be a public member who is not a
registered interior designer.
  (3) The term of each member is four years, but a member serves
at the pleasure of the Governor. Before the expiration of the
term of a member, the Governor shall appoint a successor whose
term begins on the July 1 next following. A member is eligible
for reappointment. If there is a vacancy for any cause, the
Governor shall make an appointment to become immediately
effective for the unexpired term. + }
  SECTION 3.  { + (1) Notwithstanding the term of office
specified by section 2 of this 2001 Act, of the members first
appointed to the Oregon Board of Interior Design:
  (a) Three shall serve for a term ending July 1, 2003.
  (b) Two shall serve for a term ending July 1, 2005.
  (2) Notwithstanding the registration requirement specified by
section 2 of this 2001 Act, of the members first appointed to the
board, four members shall be practicing interior designers who
have a minimum of five years' experience. One member shall be a
public member who does not have experience in interior
design. + }
  SECTION 4.  { + The Oregon Board of Interior Design shall
appoint a director to serve at the pleasure of the board. The
designation of the director must be by written order and filed
with the Secretary of State. + }
  SECTION 5.  { + (1) In accordance with applicable provisions of
ORS 183.310 to 183.550, the Oregon Board of Interior Design may
adopt rules necessary for the administration of sections 1 to 12
of this 2001 Act. In adopting rules for registration and
examination of applicants seeking registration, the board may
give consideration to the standards established by the National
Council for Interior Design Qualification.
  (2) The board may adopt rules establishing:
  (a) Standards of professional conduct for registered interior
designers;
  (b) Procedures for obtaining and renewing registrations;
  (c) Continuing education requirements for registration renewal;
  (d) Criteria for monitored internships;
  (e) Standards for interior design education;
  (f) Standards for a person to advertise as a registered
interior designer; and
  (g) Fees necessary to carry out sections 1 to 12 of this 2001
Act, including but not limited to fees for:
  (A) Application;
  (B) Examination;
  (C) Reciprocity;
  (D) Registration;
  (E) Renewal of an active or inactive registration;
  (F) Reactivation of a registration; or
  (G) A duplicate registration. + }
  SECTION 6.  { + (1) A person may not practice interior design
or represent that the person is a registered interior designer
unless that person is registered under section 7 or 8 of this
2001 Act.
 
  (2) Nothing in sections 1 to 12 of this 2001 Act is intended to
affect or prevent the use of the title 'interior designer.' + }
  SECTION 7.  { + A person desiring to be a registered interior
designer shall apply to the Oregon Board of Interior Design for
registration. The applicant shall pay any applicable fee
established by the board under section 5 of this 2001 Act and
show to the satisfaction of the board that the applicant has
passed an examination approved, administered or recognized by the
board and that the applicant:
  (1) Is a graduate of an interior design program of at least
four years in length, or with an equivalent number of credits,
and has at least two years of substantial interior design
experience as determined by the board;
  (2) Is a graduate of an interior design program of at least
three years in length, or with an equivalent number of credits,
and has at least three years of substantial interior design
experience as determined by the board;
  (3) Is a graduate of an interior design program of at least two
years in length, or with an equivalent number of credits, and has
at least four years of substantial interior design experience as
determined by the board;
  (4) Has at least six years of substantial interior design
experience as determined by the board; or
  (5) Has an interior design license, registration or
certification from another state, jurisdiction or country and the
requirements for that license, registration or certification are
substantially equivalent to the requirements in this state. + }
  SECTION 8. { +  Notwithstanding section 7 of this 2001 Act, on
or before June 30, 2004, an applicant may qualify for
registration by the Oregon Board of Interior Design if the
applicant pays any applicable fee established by the board under
section 5 of this 2001 Act and shows to the satisfaction of the
board that the applicant:
  (1) Is an architect registered under ORS 671.010 to 671.220; or
  (2) Has at least eight years of substantial interior design
experience as determined by the board and has substantial
knowledge of the state building code regulations as those
regulations relate to interior design as determined by the
board. + }
  SECTION 9.  { + A registered interior designer shall sign and
date all drawings, plans, specifications or reports issued by the
designer. A registered interior designer shall use a seal that is
approved by the Oregon Board of Interior Design on all drawings,
plans, specifications or reports issued by the designer that are
filed for public record with the state, county or municipality
for the purpose of obtaining a building permit. A registered
interior designer must personally prepare or supervise the
preparation of any document the designer signs or seals. + }
  SECTION 10.  { + (1) An interior design registration is valid
for two years.
  (2) The Oregon Board of Interior Design may:
  (a) Refuse to issue a registration if the board finds that the
application for registration was fraudulently or deceptively
submitted; or
  (b) Suspend, revoke or refuse to renew an interior design
registration if the board finds after opportunity for hearing
that the holder of a registration has provided incompetent or
grossly negligent interior design services or has violated a
provision of sections 1 to 12 of this 2001 Act or a rule adopted
thereunder. + }
  SECTION 11.  { + (1) Violation of section 6 or 9 of this 2001
Act, or any rule adopted under section 5 of this 2001 Act, is
punishable by a civil penalty of not less than $100 or more than
$500.
  (2) The Oregon Board of Interior Design shall impose civil
penalties under this section as provided in ORS 183.090. + }
  SECTION 12.  { + There is created an Oregon Board of Interior
Design Account in the General Fund of the State Treasury. All
moneys received by the Oregon Board of Interior Design under
sections 1 to 12 of this 2001 Act shall be paid into the General
Fund in the State Treasury and credited to the account. All
moneys in the account are continuously appropriated to the Oregon
Board of Interior Design to be used only for the expenses of
administration and enforcement of sections 1 to 12 of this 2001
Act. + }
  SECTION 13.  { + (1) There is appropriated to the Oregon Board
of Interior Design, for the biennium ending June 30, 2003, out of
the General Fund, the sum of $50,000 for the purpose of carrying
out the provisions of sections 1 to 12 of this 2001 Act.
  (2) When the board determines that moneys in sufficient amount
are available in the Oregon Board of Interior Design Account of
the General Fund created by section 12 of this 2001 Act, but in
no event later than June 30, 2003, the board shall reimburse the
General Fund without interest, in an amount equal to the amount
from the General Fund appropriated and expended as provided in
subsection (1) of this section. The moneys used to reimburse the
General Fund under this subsection shall not be considered as a
budget item on which a limitation is otherwise fixed by law, but
shall be in addition to any specific biennial appropriations or
amounts authorized to be expended from continually appropriated
moneys for any biennial period. + }
  SECTION 14.  { + Section 6 of this 2001 Act becomes operative
on July 1, 2002. + }
  SECTION 15.  { + Section 8 of this 2001 Act is repealed on June
30, 2005. + }
  SECTION 16.  { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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