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| 2 | 2 | | SENATE DOCKET, NO. 242 FILED ON: 1/12/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 185 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Joan B. Lovely |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to advancing the profession of commercial interior design. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Joan B. LovelySecond Essex 1 of 9 |
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| 16 | 16 | | SENATE DOCKET, NO. 242 FILED ON: 1/12/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 185 |
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| 18 | 18 | | By Ms. Lovely, a petition (accompanied by bill, Senate, No. 185) of Joan B. Lovely for |
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| 19 | 19 | | legislation relative to advancing the profession of interior design. Consumer Protection and |
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| 20 | 20 | | Professional Licensure. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 218 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to advancing the profession of commercial interior design. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, |
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| 32 | 32 | | 2is hereby amended by inserting after section 274 the following 7 new sections:- |
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| 33 | 33 | | 3 Section 275. For the purposes of this section and sections 276 to 281, inclusive, the |
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| 34 | 34 | | 4following terms shall, unless the context clearly requires otherwise, have the following |
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| 35 | 35 | | 5meanings: |
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| 36 | 36 | | 6 “Board”, means the board of registration of commercial interior designers established in |
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| 37 | 37 | | 7section 110 of chapter 13. |
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| 38 | 38 | | 8 "Building", means an enclosed structure that has human occupancy or habitation as its |
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| 39 | 39 | | 9principal purpose as defined in the Massachusetts State Building Code. 2 of 9 |
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| 40 | 40 | | 10 “Certificate of registration”, means the two-year license to practice commercial interior |
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| 41 | 41 | | 11design issued by the board. |
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| 42 | 42 | | 12 "International Building Code", means the edition of the International Building Code, |
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| 43 | 43 | | 13issued by the International Code Council, most recently adopted by the commonwealth, |
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| 44 | 44 | | 14including Massachusetts amendments. |
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| 45 | 45 | | 15 “Practice of commercial interior design", means, in relation to obtaining a building |
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| 46 | 46 | | 16permit independent of an architect licensed under sections 60A through 60Q, inclusive, the |
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| 47 | 47 | | 17preparation of a plan or specification for, or the supervision of new construction, alteration, or |
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| 48 | 48 | | 18repair of, an interior space within a newly constructed or existing building when the core and |
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| 49 | 49 | | 19shell structural elements are not going to be changed; provided, however, that it does not include: |
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| 50 | 50 | | 20(a) providing commercial construction documents, independent of a licensed architect, for a |
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| 51 | 51 | | 21space that: (1) does not already have base building life safety components installed or designed |
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| 52 | 52 | | 22and permitted, including required exit stairs and enclosures, paths of travel, ramps, horizontal |
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| 53 | 53 | | 23exit passageways, disabled access, fire alarm systems, and base building fire suppression |
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| 54 | 54 | | 24systems; or (2) is undergoing a change of occupancy classification as described in the |
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| 55 | 55 | | 25International Building Code; or (b) changes to or the addition of foundations, beams, trusses, |
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| 56 | 56 | | 26columns, or other primary structural framing members or seismic systems; structural concrete |
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| 57 | 57 | | 27slabs, floor and roof framing structures, or bearing and shear walls; openings in roofs, floors, |
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| 58 | 58 | | 28exterior walls, or bearing and shear walls; exterior doors, windows, awnings, canopies, |
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| 59 | 59 | | 29sunshades, signage, or similar exterior building elements; as described in the International |
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| 60 | 60 | | 30Building Code, life safety equipment, including smoke, fire, or carbon dioxide sensors or |
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| 61 | 61 | | 31detectors, or other overhead building elements; as described in the International Building Code, |
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| 62 | 62 | | 32bracing for partial height partitions if the top of the partition is more than eight feet above the 3 of 9 |
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| 63 | 63 | | 33floor; or heating, ventilating, or air conditioning equipment or distribution systems, building |
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| 64 | 64 | | 34management systems, high or medium voltage electrical distribution systems, standby or |
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| 65 | 65 | | 35emergency power systems or distribution systems, plumbing or plumbing distribution systems, |
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| 66 | 66 | | 36fire alarm systems, fire sprinklers systems, security or monitoring systems, or related building |
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| 67 | 67 | | 37systems. |
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| 68 | 68 | | 38 Section 276. Upon approval by the board, any individual who has passed the interior |
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| 69 | 69 | | 39design examination administered by the National Council for Interior Design Qualification may |
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| 70 | 70 | | 40use the title “Registered Commercial Interior Designer.” Such individual shall, upon satisfactory |
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| 71 | 71 | | 41completion of the aforementioned requirements and any other requirements and qualifications as |
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| 72 | 72 | | 42deemed necessary by the board, send to the board a copy of documentation of the proof of |
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| 73 | 73 | | 43passage of said exam, of graduation and completion of said program, and any certifications |
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| 74 | 74 | | 44awarded to said individual by the National Council for Interior Design Qualification, and any |
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| 75 | 75 | | 45other documentation as required by the board. Such documentation shall include the individual’s |
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| 76 | 76 | | 46name, mailing address and email address; provided, that such individual shall update the board of |
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| 77 | 77 | | 47any changes to such information as they occur. Such documentation shall be placed on file with |
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| 78 | 78 | | 48the division of professional licensure. |
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| 79 | 79 | | 49 Section 277. (a) Each applicant seeking to become a registered commercial interior |
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| 80 | 80 | | 50designer shall pay to the board, upon filing their original application, a fee to be determined |
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| 81 | 81 | | 51annually by the commissioner of administration. After verification of the aforementioned |
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| 82 | 82 | | 52documentation and receipt of the application fee, the board shall issue a certificate of registration |
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| 83 | 83 | | 53for a period of two years. The director of the division of professional licensure, or their designee, |
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| 84 | 84 | | 54as the custodian of any documentation required by this section, shall enforce the provisions of |
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| 85 | 85 | | 55said section and may use said documentation, or any lack thereof, as they, or their designee, 4 of 9 |
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| 86 | 86 | | 56deems necessary, notwithstanding any general or special law, or rule or regulation to the |
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| 87 | 87 | | 57contrary. |
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| 88 | 88 | | 58 A registered commercial interior designer shall be required to complete continuing |
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| 89 | 89 | | 59education courses. Continuing education shall be gained through coursework delivered in |
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| 90 | 90 | | 60education credits. The quantity and content designation of education credits shall be determined |
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| 91 | 91 | | 61by the board. |
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| 92 | 92 | | 62 It shall be unlawful for any individual, who is not so approved by the board, to use the |
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| 93 | 93 | | 63title “Registered Commercial Interior Designer” or any title or device indicating that an |
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| 94 | 94 | | 64individual is a “registered commercial interior designer.” |
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| 95 | 95 | | 65 Nothing herein shall prohibit any person from performing commercial interior design |
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| 96 | 96 | | 66services or using the title “commercial interior designer”, “commercial interiors consultant”, |
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| 97 | 97 | | 67“commercial interior decorator” or the like, so long as the word “registered” is not used in |
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| 98 | 98 | | 68conjunction with the word “commercial interior designer.” |
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| 99 | 99 | | 69 Nothing herein shall authorize any individual to engage in the practice of architecture, |
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| 100 | 100 | | 70engineering, or any other occupation regulated under the laws of this state or to prepare, sign or |
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| 101 | 101 | | 71seal plans with respect to such practice or in connection with any governmental permits unless |
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| 102 | 102 | | 72licensed or otherwise permitted to do so under such laws. |
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| 103 | 103 | | 73 Nothing herein shall prohibit any person from performing professional services limited to |
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| 104 | 104 | | 74the planning, design, and implementation of kitchen and bath spaces and/or the specification of |
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| 105 | 105 | | 75products for kitchen and bath areas. 5 of 9 |
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| 106 | 106 | | 76 Nothing in this section shall prohibit an employee of a retail establishment providing |
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| 107 | 107 | | 77consultation regarding interior design, decoration, furnishings, furniture or fixtures offered for |
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| 108 | 108 | | 78sale by such establishment from receiving compensation from such establishment. |
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| 109 | 109 | | 79 (b) Notwithstanding any general or special law to the contrary, an individual who has |
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| 110 | 110 | | 80completed at least 10 years of full-time, diversified, verifiable professional experience in the |
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| 111 | 111 | | 81profession of interior design shall be eligible for provisional registration provided that within 12 |
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| 112 | 112 | | 82months after the first meeting of the board, said individual has applied for registration. |
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| 113 | 113 | | 83 Said applicant, upon review and consent of the board, may be issued a provisional |
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| 114 | 114 | | 84registration and be given three calendar years from the first meeting of the board to provide |
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| 115 | 115 | | 85substantial proof to the board of successful passage of the National Council for Interior Design |
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| 116 | 116 | | 86Qualification examination, at which time full registration will be granted. If proof is not provided |
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| 117 | 117 | | 87to the board within the allotted time period, said applicant’s provisional registration shall be |
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| 118 | 118 | | 88revoked. Reapplication, including satisfaction of all requirements at the time of re-application, |
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| 119 | 119 | | 89shall be required for registration. During the time period of provisional registration said |
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| 120 | 120 | | 90individual is required to maintain all current fees and uphold all requirements registration and |
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| 121 | 121 | | 91renewal until such time as the examination requirement is fulfilled. |
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| 122 | 122 | | 92 (c) Any individual violating the provisions of sections 275 to 281, inclusive, may be |
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| 123 | 123 | | 93punished by a fine of not more than $500 or by imprisonment in a jail or house of correction for |
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| 124 | 124 | | 94not more than 3 months, or both, or by revocation of registration by the board. |
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| 125 | 125 | | 95 Section 278. Every registered commercial interior designer shall have a seal of a design |
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| 126 | 126 | | 96authorized by the board. All plans, specifications and reports prepared by a registered |
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| 127 | 127 | | 97commercial interior designer or under their supervision shall be stamped with the impression of 6 of 9 |
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| 128 | 128 | | 98such seal. A registered commercial interior designer shall impress their seal on any plans or |
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| 129 | 129 | | 99specifications if their certificate of registration is in full force and if they were the author of such |
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| 130 | 130 | | 100plans and specifications or in responsible charge of their preparation. |
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| 131 | 131 | | 101 Section 279. A roster showing the names and the last known places of business of all |
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| 132 | 132 | | 102registered commercial interior designers shall be prepared by the board in the month of January |
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| 133 | 133 | | 103of each year. Such roster shall be posted on a publicly available website. |
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| 134 | 134 | | 104 Section 280. (a) Upon receipt of a written application, the board may grant a certificate of |
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| 135 | 135 | | 105registration as a commercial interior designer emeritus to an interior designer who has retired |
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| 136 | 136 | | 106from the active practice of commercial interior design in the commonwealth. To be eligible for a |
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| 137 | 137 | | 107certificate of registration as a commercial interior designer emeritus, the applicant shall: (i) |
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| 138 | 138 | | 108submit an application together with a fee prescribed by the board; (ii) have been a commercial |
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| 139 | 139 | | 109interior designer in good standing in the commonwealth at the time of his retirement; (iii) be at |
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| 140 | 140 | | 110least 65 years of age; (iv) have been a registered a commercial interior designer in the |
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| 141 | 141 | | 111commonwealth for at least 10 years; (v) have relinquished his license to practice commercial |
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| 142 | 142 | | 112interior design; and (vi) satisfy any other requirements as may be prescribed by the board. |
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| 143 | 143 | | 113 (b) A commercial interior designer emeritus shall neither engage in nor hold themselves |
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| 144 | 144 | | 114out as engaging in the practice of commercial interior design. A commercial interior designer |
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| 145 | 145 | | 115emeritus shall be exempt from the continuing education requirements established in section 277. |
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| 146 | 146 | | 116 (c) A commercial interior designer emeritus seeking reinstatement as a commercial |
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| 147 | 147 | | 117interior designer shall: (i) file an application for reinstatement with the board; (ii) pay an |
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| 148 | 148 | | 118administrative fee that shall be determined by the board; and (iii) comply with education or other |
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| 149 | 149 | | 119requirements established by the board. 7 of 9 |
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| 150 | 150 | | 120 Section 281. The board shall be charged with the enforcement of sections 275 to 281, |
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| 151 | 151 | | 121inclusive. If any person refuses to obey any decision of the board, the attorney general shall, |
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| 152 | 152 | | 122upon request of the board, file a petition for the enforcement of such decision in equity in the |
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| 153 | 153 | | 123superior court for Suffolk county or for the county in which the defendant resides or has a place |
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| 154 | 154 | | 124of business. After due hearing, the court shall order the enforcement of such decision or any part |
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| 155 | 155 | | 125thereof, if legally and properly made by the board. |
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| 156 | 156 | | 126 SECTION 2. Chapter 13 of the General Laws, as so appearing, is hereby amended by |
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| 157 | 157 | | 127inserting after Section 109 the following new section:- |
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| 158 | 158 | | 128 Section 110. (a) There shall be a board of registration of commercial interior designers, |
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| 159 | 159 | | 129herein after called the board, which shall consist of five members appointed by the governor, |
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| 160 | 160 | | 130four of whom shall each have been engaged in the practice of interior design for a period of 10 or |
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| 161 | 161 | | 131more years prior to their appointment, and shall be registered commercial interior designers, and |
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| 162 | 162 | | 132one member of the general public. Members of the board shall be residents of the |
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| 163 | 163 | | 133commonwealth. |
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| 164 | 164 | | 134 (b) Each member of the board shall serve for a term of three years and until the governor |
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| 165 | 165 | | 135appoints a successor. No member shall be appointed to more than two consecutive full terms. A |
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| 166 | 166 | | 136member appointed for less than a full term may serve two full terms in addition to such part of a |
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| 167 | 167 | | 137full term. A former member shall be eligible for appointment after a lapse of one year. |
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| 168 | 168 | | 138 (c) A member may be removed by the governor for neglect of duty, misconduct or |
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| 169 | 169 | | 139malfeasance or misfeasance in office after a written notice of the charges against them and an |
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| 170 | 170 | | 140opportunity to be heard. Upon the death, resignation or removal for cause of any member of the |
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| 171 | 171 | | 141board, the governor shall fill the vacancy for the remainder of that member's year. 8 of 9 |
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| 172 | 172 | | 142 (d) The members of the board shall serve without compensation but shall be reimbursed |
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| 173 | 173 | | 143for actual and necessary expenses reasonably incurred in the performances of their duties as |
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| 174 | 174 | | 144members or on behalf of the board. |
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| 175 | 175 | | 145 (e) The board shall hold at least two regular meetings each year, and may hold special |
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| 176 | 176 | | 146meetings as required. At the first regular meeting each year, the board shall organize and choose |
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| 177 | 177 | | 147from its own members, a chairman, a vice chairman and a secretary. A quorum shall consist of |
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| 178 | 178 | | 148three members. |
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| 179 | 179 | | 149 (f) The board may make such rules or by-laws as it may deem necessary in the |
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| 180 | 180 | | 150performance of its duties. The board shall have a seal, and its members may administer oaths in |
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| 181 | 181 | | 151the performance of its duties. The board shall have power to summon witnesses, take testimony |
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| 182 | 182 | | 152and require proofs concerning all matters within its jurisdiction. The board shall annually file to |
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| 183 | 183 | | 153the commissioner of the division of professional licensure a report of its proceedings, which shall |
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| 184 | 184 | | 154include an itemized statement of all receipts and expenses of the board for the year. |
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| 185 | 185 | | 155 SECTION 3. Section 45 of chapter 7C of the General Laws is hereby amended by |
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| 186 | 186 | | 156striking out subsection (a) and inserting in place thereof the following: |
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| 187 | 187 | | 157 Section 45. (a) There shall be located within the executive office for administration and |
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| 188 | 188 | | 158finance a designer selection board consisting of 13 members. Ten members shall be appointed by |
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| 189 | 189 | | 159the governor; 3 of whom shall be registered architects, or currently unregistered but with at least |
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| 190 | 190 | | 16010 years' experience as an architect registered by a national council of architectural registration |
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| 191 | 191 | | 161boards member board or who may be architects emeritus; 3 of whom shall be certified interior |
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| 192 | 192 | | 162designers with not less than 10 years of experience as a National Council for Interior Design |
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| 193 | 193 | | 163Qualifications certified Massachusetts interior designer; 2 of whom shall be registered engineers 9 of 9 |
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| 194 | 194 | | 164or currently unregistered but with at least 10 years' experience as a registered engineer and none |
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| 195 | 195 | | 165of whom shall have a record of disciplinary action; and 2 of whom shall be representatives of the |
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| 196 | 196 | | 166public who are not architects, engineers or construction contractors. One member who shall be a |
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| 197 | 197 | | 167registered architect shall be appointed by the Massachusetts State Association of Architects. One |
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| 198 | 198 | | 168member who shall be a registered engineer shall be appointed by the government affairs council |
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| 199 | 199 | | 169of design professionals. One member who shall be general contractor shall be appointed by |
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| 200 | 200 | | 170Associated General Contractors of Massachusetts. No member shall have a record of disciplinary |
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| 201 | 201 | | 171action. Members shall be appointed for terms of 2 years and may be reappointed for no more |
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| 202 | 202 | | 172than 1 successive 2-year term. The director shall designate a representative, who shall be the |
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| 203 | 203 | | 173project manager in the case of a project under the jurisdiction of the office of project |
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| 204 | 204 | | 174management, to act as a nonvoting member of the board for each project under their jurisdiction |
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| 205 | 205 | | 175under consideration by the board. No provision of this section shall operate to reduce the tenure |
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| 206 | 206 | | 176of members of the board serving at the time of the effective date of this section. |
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