N.J. Admin. Code § 13:27-9.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:27-9.14 - Rules of professional conduct

(a) If, in the course of his or her work on a project, a certified interior designer becomes aware of a decision taken by his or her employer or client, against the interior designer's advice, which violates applicable Federal, state, county or municipal building laws or regulations and which would, in the interior designer's exercise of reasonable judgment, materially and adversely affect the health, safety and welfare of the public, the interior designer shall notify the employer or the client of such consequences and such other public authority as may be appropriate in the situation.

(b) A certified interior designer may accept an assignment or employment requiring education or experience outside his or her field of competence, but only to the extent that the services are restricted to those phases of the project in which he or she may, without undue cost or hardship to the client, reasonably become qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees in conformance with the statutes and rules governing their respective professions.

(c) A certified interior designer shall not affix a personal signature to any plan or document dealing with any subject matter in which there is a lack of competence by virtue of education or experience or to any such plan or document not prepared by the certified interior designer.

(d) A certified interior designer shall be completely objective and truthful in all professional reports, statements or testimony and shall include all relevant and pertinent information.

(e) When issuing any statement, criticisms or arguments on matters connected with public policy which are inspired or paid for by an interested party or parties, a certified interior designer shall preface such comment by explicit personal identification, by disclosing the identity of the party or parties on whose behalf he or she is speaking, and by revealing the existence of any pecuniary interest he or she may have in the instant matters.

(f) A certified interior designer shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to by, all interested parties.

(g) A certified interior designer shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products unless such consideration is disclosed to the client.

(h) A certified interior designer shall not solicit or accept gratuities or anything of value not related to work performed, directly or indirectly, from contractors, their agents, or other parties dealing with his or her client or employer in connection with work for which he or she is responsible.

(i) When in public service as a member, advisor or employee of a governmental body or department, a certified interior designer shall not participate in considerations or actions with respect to services provided by the individual or the individual's professional organization in private practice.

(j) A certified interior designer shall not solicit or accept a contract from a government body on which a principal or officer of his or her organization serves as a member.

(k) A certified interior designer shall not offer to pay, either directly or indirectly, any commission, political contribution, gift or other consideration in order to secure or retain work, exclusive of securing positions through employment agencies.

(l) A certified interior designer shall not falsify or permit misrepresentation of academic or professional qualifications. A certified interior designer shall not misrepresent or exaggerate degrees of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments with the intent and purpose of enhancing his or her qualifications and work.

(m) A certified interior designer shall not knowingly associate with or permit the use of a personal name or firm name in a business venture by any person or firm which he or she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature or is otherwise engaging in unlawful activities.

(n) All advertisements of certificate holders which make specific reference to service as an "interior designer" shall list the name and certificate number of the certified interior designer. If the certificate holder conducts the practice under a corporation or trade name, the advertisement may list the business name under which the practice is conducted but shall also conspicuously disclose the name and certificate number of at least one certificate holder who is a principal in the business entity. For the purposes of this subsection, "advertisement" means any communication in which interior design services are offered or by which the availability of interior design services is made known to the public including, but not limited to, newspaper, periodical, journal, flyer, professional stationery, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), radio, telephone for the purpose of solicitation, television, Internet, or any other print or electronic media.

1. A certified interior designer whose advertisement or listing in a telephone directory or other consumer information directory does not comply with this requirement shall immediately notify the directory publisher of the additional data, which shall be published in the next available directory in which the certified interior designer intends to continue such advertisement or listing. The certificate holder, personally or through the business entity, shall retain a copy of the notification which shall be made available for inspection at the Board's request.

2. A certified interior designer who is not a principal in the business entity for which he or she works shall notify the proper personnel in the business entity of the requirements of this section. The certificate holder shall retain a copy of the notification which shall be made available for inspection at the Board's request. The Board may take such notification into account under certain circumstances where advertising by a business entity is in violation of this section.

(o) If a certified interior designer has knowledge or reason to believe that another person or firm may be in violation of any of these rules, the certified interior designer shall present such information to the Board in writing and shall cooperate with the Board in furnishing such further information or assistance as may be required by the Board.

(p) A certified interior designer shall cooperate fully with the Committee and the Board and shall respond to all requests for information and documentation in a timely and truthful manner.

N.J. Admin. Code § 13:27-9.14