The Board proposes the rule amendments to update and change the word “licensed” to “registered.” Additional unnecessary or outdated language will be removed from the rules.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Architecture and Interior Design

RULE NOS.:RULE TITLES:

61G1-23.040Responsible Supervising Control Over Interior Design Practice in the Interior Designer's Office

61G1-23.050Responsible Supervising Control Over Interior Design Practice Outside of the Interior Designer's Office

PURPOSE AND EFFECT: The Board proposes the rule amendments to update and change the word “licensed” to “registered.” Additional unnecessary or outdated language will be removed from the rules.

SUMMARY: The word “licensed” will be updated and changed to “registered.” Additional unnecessary or outdated language will be removed from the rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 481.2055 FS.

LAW IMPLEMENTED: 481.221(5), 481.2251 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Juanita Chastain, Executive Director, Board of Architecture and Interior Design, 1940 North Monroe Street, Tallahassee, Florida 32399-0750.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G1-23.040 Responsible Supervising Control Over Interior Design Practice in the Registered Interior Designer’s Office.

Each interior design office maintained for the preparation of drawings, specifications, reports and other professional work shall have a registered an interior designer duly registered with the Board of Architecture and Interior Design within that office with full authority and in responsible charge, having direct knowledge and supervising control over such work. This Rule (61G1-23.040, F.A.C.) does not address the procedures required of an interior designer in sealing and signing work which falls within the definition of “interior design” as that term is defined in Section 481.203(8), F.S. The responsible supervising control which is required of registered interior designers prior to sealing and signing interior design documents as that term is used in Section 481.221(5), F.S., shall mean:

(1) Personal supervision by the registered interior designer exercised throughout the preparation of documents, instruments of service, specifications, reports or other work which requires the seal and signature of a registered licensed interior designer; or

(2) Review, approval, modification, or adoption, as the registered interior designer’s work of any documents, instruments of service, specifications, reports or other work, so long as the aforesaid were prepared in the registered interior designer’s offices by an employee of the registered interior designer, or by an agent of the registered interior designer under a written agreement with the registered interior designer to assist in the preparation of such documents.

Rulemaking Specific Authority 481.2055 FS. Law Implemented 481.221(5), 481.2251 FS. History–New 8-21-95; Amended________.

 

61G1-23.050 Responsible Supervising Control Over Interior Design Practice Outside of the Registered Interior Designer’s Office.

A registered An interior designer may seal and sign any documents, instruments of service, specifications, reports or other work which requires the seal and signature of a registered or licensed interior designer prepared outside of the registered interior designer’s office, so long as all of the procedures set forth below are met. This Rule (61G1-23.050, F.A.C.) does not address the procedures required of an interior designer in sealing and signing work which fall within the definition of “interior design” as that term is defined in Section 481.203(8), F.S.

(1) The registered interior designer accepts professional responsibility for all interior design activities of a project performed outside of the registered interior designer’s office throughout design development, and the production of all documents and instruments of service. The registered interior designer shall prepare and maintain as evidence of the registered interior designer’s continuing effort in such work, written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project and shall provide such evidence to state or local authorities upon their request.

(2) The registered interior designer maintains written documentation that the registered interior designer has personally supervised the preparation of all documents and instruments of service, reviewed all project data, personally inspected the project site and entered into a written agreement with the persons preparing the documents accepting professional responsibility for such work.

(3) The registered interior designer makes certain, if the work which the registered  interior designer intends to seal and sign, has been prepared by another person outside the registered interior designer’s office, that whenever such final work is submitted to a client, building owner or building user, the registered interior designer is present during such submissions in order to respond to questions from the client, owner or user. The registered interior designer must maintain written minutes of such a submission meeting.

(4) If a registered an interior designer fails to maintain written documentation of the items set forth in subsections (1)-(3) above, then the registered interior designer shall be considered to be in violation of Section 481.221(7) 481.221(3), (5), F.S., and the registered interior designer shall be subject to disciplinary penalties as provided in paragraph 61G1-12.004(2)(c), F.A.C., “Plan Stamping.”.

Rulemaking Specific Authority 481.2055, 481.221(7) FS. Law Implemented 481.221(7), 481.2251 481.221(5), 481.2551 FS. History–New 8-21-95, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Architecture and Interior Design

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Architecture and Interior Design

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 27, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 4, 2014