SENATE, No. 2336
STATE OF NEW JERSEY
INTRODUCED DECEMBER 1, 1997
By Senators SINGER and ADLER
An Act concerning interior designers and amending P.L.1989, c.275.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1989, c.275 (C.45:3-1.1) is hereby amended as follows:
1. For the purposes of this act:
a. "Aesthetic principles" means the concepts of order, balance, proportion, scale, rhythm, color, texture, mass and form as used in the design process.
b. "Architect" means an individual who through education, training, and experience is skilled in the art and science of building design and has been licensed by the New Jersey State Board of Architects to practice architecture in the State of New Jersey.
c. "Architecture" means the art and science of building design and particularly the design of any structure for human use or habitation. Architecture, further, is the art of applying human values and aesthetic principles to the science and technology of building methods, materials and engineering systems, required to comprise a total building project with a coherent and comprehensive unity of structure and site.
d. "Board" means the New Jersey State Board of Architects.
e. "Certificate of authorization" means a certificate issued by the board pursuant to this amendatory and supplementary act.
f. "Closely allied professional" means and is limited to licensed architects, professional engineers, land surveyors, [and] professional planners, and persons that provide space planning services, interior design services, or the substantial equivalent thereof.
g. "Engineering systems" means those systems necessary for the proper function of a building and the surrounding site, the proper design of which requires engineering knowledge acquired through engineering or architectural education, training, or experience. These systems include but are not limited to structural, electrical, heating, lighting, acoustical, ventilation, air conditioning, grading, plumbing, and drainage. Drainage facilities for sites of ten acres or more or involving stormwater detention facilities or traversed by a water course shall only be designed by a professional engineer.
h. "Joint committee" means the Joint Committee of Architects and Engineers established pursuant to the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.).
i. "Human use or habitation" means the activities of living, including, but not limited to fulfilling domestic, religious, educational, recreational, employment, assembly, health care, institutional, memorial, financial, commercial, industrial and governmental needs. j. "Human values" means the social, cultural, historical, economic and environmental influences that have an impact on the quality of life.
k. "Practice of architecture" or "architectural services" means the rendering of services in connection with the design, construction, enlargement, or alteration of a building or a group of buildings and the space within or surrounding those buildings, which have as their principal purpose human use or habitation. These services include site planning, providing preliminary studies, architectural designs, drawings, specifications, other technical documentation, and administration of construction for the purpose of determining compliance with drawings and specifications.
l. "Responsible charge" means the rendering of regular and effective supervision by a competent licensed architect to those individuals performing services which directly and materially affect the quality and competence of architectural services rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not to have rendered regular and effective supervision: (1) The regular and continuous absence from principal office premises from which professional services are rendered, except for performance of field work or presence in a field office maintained exclusively for a specific project;
(2) The failure to personally inspect or review the work of subordinates where necessary and appropriate;
(3) The rendering of a limited, cursory or perfunctory review of plans for a building or structure in lieu of an appropriate detailed review;
(4) The failure to personally be available on a reasonable basis or with adequate advance notice for consultation and inspection where circumstances require personal availability.
(cf: P.L.1989, c.275, s.1)
2. Section 4 of P.L.1989, c.275 (C.45:3-17) is hereby amended as follows:
4. a. Architectural services shall not be rendered or offered through any business associations other than a sole proprietorship of a licensed architect, a partnership of licensed architects, a partnership of closely allied professionals including at least one licensed architect, a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.), a corporation authorized pursuant to section  5 of [this amendatory and supplementary act] P.L.1989, c.275 (C.45:3-18) or as prescribed in the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.).
b. Nothing in this section shall prohibit a licensed architect from rendering architectural services as an agent, director, member, officer, shareholder, associate, employee or partner of a person that provides space planning services, interior design services or the substantial equivalent thereof; provided that the architect, at all times, exercises independent professional judgment in the rendering of architectural services, and adheres to the standards set forth in section 1 of P.L. 1989, c. 275 (C.45:3-1.1).
(cf: P.L.1989, c.275, s.4)
3. This act shall take effect immediately.
This bill would allow a licensed architect to render architectural services as an agent, director, member, officer, shareholder, associate, employee or partner of a person or business entity that provides space planning services, interior design services or the substantial equivalent thereof, provided that the architect exercises independent professional judgment in the rendering of architectural services. It is the sponsor's belief that permitting such employment relationships will result in the more efficient and convenient provision of design services to the public at lower cost, without sacrificing the high professional standards that apply to architects.
The bill also amends the definition of "closely allied professional" to include individuals or business entities that provide space planning services, interior design services, or the substantial equivalent thereof. Additionally, this would allow an interior designer to become a part owner of entities that render architectural services, as provided in section 5 of P.L.1989, c.275 (C.45:3-18).
Allows interior designers to enter into business relationships with architects under certain circumstances.