76th OREGON LEGISLATIVE ASSEMBLY--2012 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 71
Senate Bill 1521
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
General Government and Small Business Protection for the
Interior Design Collaborative of Oregon)
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.
Establishes Board of Commercial Interior Design. Requires
person practicing commercial interior design to be registered
with board as of January 1, 2013.
Imposes civil penalty for violation of provisions relating to
regulation of commercial interior design.
Establishes Board of Commercial Interior Design Fund and
continuously appropriates moneys in fund to board.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the regulation of commercial interior design;
creating new provisions; amending ORS 30.785, 31.300 and
87.010; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in sections 1 to 14 of this 2012
Act, ' practice of commercial interior design' means client
consultation and the preparation and administration of design
documents relating to a nonstructural and nonseismic interior
area of a commercial building or commercial structure designed
for human occupancy.
(2) 'Practice of commercial interior design' includes, but is
not limited to, the preparation of:
(a) Design studies;
(b) Drawings and renderings;
(c) Schedules;
(d) Specifications;
(e) Bid contracts;
(f) Space plans;
(g) Reflected ceiling plans;
(h) Lighting plans;
(i) Egress plans;
(j) Ergonomics plans;
(k) Indoor air quality plans;
(L) Design or specification of fixtures, furnishing or
equipment; and
(m) Plans for compliance with state or local building codes and
other laws related to buildings. + }
SECTION 2. { + (1) There is established the Board of
Commercial Interior Design, consisting of five members appointed
by the Governor and subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. All members of the
board must be residents of this state. Of the members of the
board:
(a) Three must be interior designers who meet the requirements
of section 6 (2) of this 2012 Act and who have been residents of
this state for at least five years at the time of appointment;
(b) One must be an architect licensed under ORS 671.010 to
671.220 who has been a resident of this state for at least five
years at the time of appointment; and
(c) One must be a member of the public who is not affiliated
with the interior design or architecture profession.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. The terms must be
staggered so that no more than two terms end each year. Before
the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on 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.
(3) The board shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties
and powers necessary for the performance of the functions of such
offices as the board determines.
(4) A majority of the members of the board constitutes a quorum
for the transaction of business.
(5) The board shall meet at least once every year at a place,
day and hour determined by the board. The board may also meet at
other times and places specified by the call of the chairperson
or of a majority of the members of the board.
(6) The board may hire and fix the compensation of an executive
director.
(7) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 3. { + The Board of Commercial Interior Design may:
(1) Adopt rules to enforce the provisions of sections 1 to 14
of this 2012 Act and to exercise general supervision over the
practice of commercial interior design in this state.
(2) Adopt rules governing the issuance, renewal, reactivation,
denial, suspension and revocation of registrations to practice
commercial interior design.
(3) Issue subpoenas over the signature of the executive
director of the Board of Commercial Interior Design or the
designee of the executive director to compel the attendance of
witnesses and the production of documents in investigations or
proceedings pertaining to the power and duties of the board.
(4) Adopt rules establishing fees for the following relating to
registered interior designers and interior design companies:
(a) Application;
(b) Original registration;
(c) Registration renewal;
(d) Examinations;
(e) Late renewal;
(f) Replacement or duplicate registration;
(g) Reciprocity;
(h) Registration reactivation; and
(i) Providing copies of official documents or records and for
recovering administrative costs associated with compiling,
photocopying or preparing and delivering the documents or
records. + }
SECTION 4. { + The lapsing or suspension of a registration as
an interior designer or interior design company by operation of
law, by order of the Board of Commercial Interior Design, by
decision of a court of law or by the voluntary surrender of a
registration as an interior designer or interior design company
does not deprive the board of jurisdiction to proceed with any
investigation of or any action or disciplinary proceeding against
the interior designer or interior design company, or to revise or
render null and void an order suspending or revoking the
registration. + }
SECTION 5. { + (1) A person may not practice commercial
interior design or use the title 'Registered Interior Designer'
unless the person is registered as an interior designer or
interior design company with the Board of Commercial Interior
Design under section 6 of this 2012 Act.
(2) Sections 1 to 14 of this 2012 Act do not apply to a person
that does not purport to be a registered interior designer or
registered interior design company and that is:
(a) An employee of a retail establishment providing services to
the establishment in the course of the person's employment.
(b) An architect licensed under ORS 671.010 to 671.220.
(c) An engineer registered under ORS 672.002 to 672.325.
(d) A construction contractor licensed under ORS chapter 701.
(e) Working under the supervision of a registered interior
designer, licensed architect, registered engineer or licensed
construction contractor.
(f) Practicing interior design for a single-family residential
dwelling or farm building, an auxiliary structure to a
single-family residential dwelling or farm building or a single
residential unit in a multifamily residential dwelling.
(g) Providing decorative services or assistance in the
selection of surface materials, window treatments, wall
coverings, paint, floor coverings, surface-mounted fixtures and
loose furnishings not subject to regulations under building or
fire codes. + }
SECTION 6. { + (1) A person desiring to be registered as an
interior designer or an interior design company shall apply to
the Board of Commercial Interior Design in the manner provided by
the board by rule.
(2) A person qualifies for registration as an interior designer
if the person:
(a)(A) Has a bachelor's degree in the field of interior design
or interior architecture that required at least 120 semester
credits or 180 quarter credits to complete;
(B) Has at least 3,520 hours of supervised experience approved
by the board;
(C) Passes the National Council for Interior Design
Qualification examination or another examination approved by the
board by rule;
(D) Pays any fees required by the board by rule; and
(E) Submits other information required by the board by rule; or
(b)(A) Has a master's degree in the field of interior design or
interior architecture that required at least 60 semester credits
or 90 quarter credits to complete;
(B) Has at least 5,280 hours of supervised experience approved
by the board;
(C) Passes the National Council for Interior Design
Qualification examination or another examination approved by the
board by rule;
(D) Pays any fees required by the board by rule; and
(E) Submits other information required by the board by rule.
(3) An entity qualifies for registration as an interior design
company if the entity employs a registered interior designer or
an architect licensed under ORS 671.010 to 671.220 who exercises
direct personal supervision over the content of all commercial
interior design documents the company produces.
(4) A registered interior design company shall notify the board
within 30 days after the termination of employment of the
supervising interior designer or architect required by subsection
(3) of this section.
(5) The board shall issue a registration number to each
registered interior designer and each registered interior design
company. + }
SECTION 7. { + In accordance with rules adopted by the Board
of Commercial Interior Design, the board may register a person as
an interior designer without examination if the person is
licensed as an interior designer in another jurisdiction in which
the requirements for licensure as an interior designer are at
least equal to the requirements of section 6 of this 2011
Act. + }
SECTION 8. { + A registration to practice commercial interior
design expires one year after its issuance. A person may renew a
registration by:
(1) Meeting requirements for renewal established by the Board
of Commercial Interior Design by rule;
(2) Completing the continuing education required under section
10 of this 2012 Act; and
(3) Paying any fees established by the board by rule. + }
SECTION 9. { + (1)(a) A registered interior designer shall
obtain a stamp of a design authorized by the Board of Commercial
Interior Design. The stamp must bear the name, registration date
and registration number of the interior designer and the legend '
Registered Interior Designer. '
(b) A registered interior designer shall stamp and sign all
final drafts of professional documents that the interior designer
issues for obtaining permits, obtaining approvals by agencies
other than the board or fulfilling contractual obligations.
(c) The stamp and signature of a registered interior designer
constitute certification that the document was prepared by the
interior designer or under the supervision and control of the
interior designer.
(2) A registered interior designer or registered interior
design company shall display the interior designer's registration
number on all advertisements for the interior designer's
services.
(3) A registered interior designer or registered interior
design company that receives additional compensation for a
project from a party other than the interior designer's or
interior design company's client shall disclose the additional
compensation to the client. + }
SECTION 10. { + The Board of Commercial Interior Design shall
require a registered interior designer to complete 10 hours of
continuing education each year, of which at least:
(1) Five hours must be related to health, safety and welfare.
(2) Two hours must be related to sustainable interior design
and construction practices. + }
SECTION 11. { + The Board of Commercial Interior Design may
deny, suspend, revoke or refuse to issue or to renew a
registration to practice commercial interior design, or reprimand
or impose probation upon a registered interior designer or
registered interior design company, upon proof that the
applicant, registered interior designer or registered interior
design company:
(1) Violated sections 1 to 14 of this 2012 Act or rules adopted
by the board under sections 1 to 14 of this 2012 Act.
(2) Obtained or attempted to obtain or renew a registration by
fraud or misrepresentation.
(3) Committed fraud or misrepresentation.
(4) Committed negligence or demonstrated incompetence or any
departure from or failure to conform to standards of practice in
the practice of commercial interior design. + }
SECTION 12. { + The Board of Commercial Interior Design may,
upon motion of the board or upon the verified complaint in
writing of any person, investigate any alleged violation of
sections 1 to 14 of this 2012 Act. As part of the investigation,
the board may administer oaths, obtain and receive evidence at
board proceedings and compel compliance with board subpoenas. + }
SECTION 13. { + A person that reports or supplies information
in good faith to the Board of Commercial Interior Design is
immune from an action for civil damages as a result of the report
or information. The board may not disclose the name of a person
requesting confidentiality unless the testimony of the person is
required as part of a board disciplinary proceeding. + }
SECTION 14. { + The Board of Commercial Interior Design Fund
is established in the State Treasury, separate and distinct from
the General Fund. Interest earned by the Board of Commercial
Interior Design Fund shall be credited to the fund. Moneys in the
fund are continuously appropriated to the Board of Commercial
Interior Design for the purposes of carrying out the provisions
of sections 1 to 14 and 15 of this 2012 Act. + }
SECTION 15. { + (1) In accordance with ORS chapter 183, the
Board of Commercial Interior Design may impose a civil penalty of
up to $5,000 for violation of any provision of sections 1 to 14
of this 2012 Act or any rule adopted by the board under sections
1 to 14 of this 2012 Act.
(2) Civil penalties recovered under this section shall be
deposited in the General Fund in the State Treasury, to be
available for general governmental expenses. + }
SECTION 16. ORS 30.785 is amended to read:
30.785. (1) A construction design professional who is retained
to perform professional services on a construction project, or an
employee of the construction design professional in the
performance of professional services on the construction project,
shall not be liable for any injury to a worker on the
construction project that is a compensable injury under ORS
chapter 656 and that results from the failure of the employer of
the worker to comply with safety standards on the construction
project unless the construction design professional by contract
specifically assumes responsibility for compliance with those
safety standards. The immunity provided by this section to a
construction design professional shall not apply to the negligent
preparation of design plans or specifications.
(2) As used in this section, 'construction design professional'
means an architect, registered landscape architect, professional
engineer { + , + } { - or - } professional land surveyor { + ,
registered interior designer or registered interior design
company + }.
SECTION 17. ORS 31.300 is amended to read:
31.300. (1) As used in this section, 'construction design
professional' means an architect, registered landscape architect,
professional engineer { + , + } { - or - } professional land
surveyor { + , registered interior designer or registered
interior design company + }.
(2) A complaint, cross-claim, counterclaim or third-party
complaint asserting a claim against a construction design
professional that arises out of the provision of services within
the course and scope of the activities for which the person is
licensed may not be filed unless the claimant's attorney
certifies that the attorney has consulted a licensed construction
design professional who is qualified, available and willing to
testify to admissible facts and opinions sufficient to create a
question of fact as to the liability of the construction design
professional. The certification required by this section must be
filed with or be made part of the original complaint,
cross-claim, counterclaim or third-party complaint. The
certification must contain a statement that a licensed
construction design professional who is qualified to testify as
to the standard of care applicable to the alleged facts, is
available and willing to testify that:
(a) The alleged conduct of the construction design professional
failed to meet the standard of professional care applicable to
the construction design professional in the circumstances
alleged; and
(b) The alleged conduct was a cause of the claimed damages,
losses or other harm.
(3) In lieu of providing the certification described in
subsection (2) of this section, the claimant's attorney may file
with the court at the time of filing a complaint, cross-claim,
counterclaim or third-party complaint an affidavit that states:
(a) The applicable statute of limitations is about to expire;
(b) The certification required under subsection (2) of this
section will be filed within 30 days after filing the complaint,
cross-claim, counterclaim or third-party complaint or such longer
time as the court may allow for good cause shown; and
(c) The attorney has made such inquiry as is reasonable under
the circumstances and has made a good faith attempt to consult
with at least one licensed construction design professional who
is qualified to testify as to the standard of care applicable to
the alleged facts, as required by subsection (2) of this section.
(4) Upon motion of the construction design professional, the
court shall enter judgment dismissing any complaint, cross-claim,
counterclaim or third-party complaint against any construction
design professional that fails to comply with the requirements of
this section.
(5) This section applies only to a complaint, cross-claim,
counterclaim or third-party complaint against a construction
design professional by any plaintiff who:
(a) Is a construction design professional, contractor,
subcontractor or other person providing labor, materials or
services for the real property improvement that is the subject of
the claim;
(b) Is the owner, lessor, lessee, renter or occupier of the
real property improvement that is the subject of the claim;
(c) Is involved in the operation or management of the real
property improvement that is the subject of the claim;
(d) Has contracted with or otherwise employed the construction
design professional; or
(e) Is a person for whose benefit the construction design
professional performed services.
SECTION 18. ORS 87.010 is amended to read:
87.010. (1) Any person performing labor upon, transporting or
furnishing any material to be used in, or renting equipment used
in the construction of any improvement shall have a lien upon the
improvement for the labor, transportation or material furnished
or equipment rented at the instance of the owner of the
improvement or the construction agent of the owner.
(2) Any person who engages in or rents equipment for the
preparation of a lot or parcel of land, or improves or rents
equipment for the improvement of a street or road adjoining a lot
or parcel of land at the request of the owner of the lot or
parcel, shall have a lien upon the land for work done, materials
furnished or equipment rented.
(3) A lien for rented equipment under subsection (1) or (2) of
this section shall be limited to the reasonable rental value of
the equipment notwithstanding the terms of the underlying rental
agreement.
(4) Trustees of an employee benefit plan shall have a lien upon
the improvement for the amount of contributions, due to labor
performed on that improvement, required to be paid by agreement
or otherwise into a fund of the employee benefit plan.
(5) An architect, landscape architect, land surveyor { + , + }
{ - or - } registered engineer { + or registered interior
designer or registered interior design company + } who, at the
request of the owner or an agent of the owner, prepares plans,
drawings or specifications that are intended for use in or to
facilitate the construction of an improvement or who supervises
the construction shall have a lien upon the land and structures
necessary for the use of the plans, drawings or specifications so
provided or supervision performed.
(6) A landscape architect, land surveyor or other person who
prepares plans, drawings, surveys or specifications that are used
for the landscaping or preparation of a lot or parcel of land or
who supervises the landscaping or preparation shall have a lien
upon the land for the plans, drawings, surveys or specifications
used or supervision performed.
SECTION 19. { + Notwithstanding the requirements of section 6
of this 2012 Act, the Board of Commercial Interior Design may
issue an interior designer registration to a person who:
(1) Has passed the National Council for Interior Design
Qualification examination; or
(2)(a) Has at least 10 years of experience in the field of
interior design; and
(b) Has passed section 1 of the National Council for Interior
Design Qualification examination. + }
SECTION 20. { + Section 19 of this 2012 Act is repealed on
January 2, 2016. + }
SECTION 21. { + Notwithstanding the term of office specified
by section 2 of this 2012 Act, of the members first appointed to
the Board of Commercial Interior Design:
(1) One shall serve for a term ending July 1, 2013.
(2) One shall serve for a term ending July 1, 2014.
(3) One shall serve for a term ending July 1, 2015.
(4) Two shall serve for terms ending July 1, 2016. + }
SECTION 22. { + (1) Section 5 of this 2012 Act becomes
operative on January 1, 2013.
(2) The Board of Commercial Interior Design may take any action
on or before the operative date specified in subsection (1) of
this section that is necessary to enable the board to exercise,
on and after the operative date specified in subsection (1) of
this section, all of the duties, functions and powers conferred
on the board by section 5 of this 2012 Act. + }
SECTION 23. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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