A. Any office which
is advertised as providing certified interior design shall have a Certified
Interior Designer resident and regularly employed in that office having direct
knowledge and supervisory control of such work.
Commentary - This rule addresses the subject of
main, branch or satellite offices of a certified interior design firm and
protects the public in that such offices are continually supervised by a
Certified Interior Designer certified in the jurisdiction where the office is
located.
B.
"Responsible control" shall be control over all phases of the interior design
of a project as is ordinarily exercised by Certified Interior Designers
applying the required standard of care, including, but not limited to control
over and detailed knowledge of the content of technical submissions throughout
preparation by the Certified Interior Designer and the Certified Interior
Designer's employees.
C. A
Certified Interior Designer shall neither make nor offer to make any gifts,
other than gifts of nominal value (included, for example, reasonable
entertainment and hospitality), with the intent of influencing the judgment of
an existing or prospective client in connection with a project in which the
Certified Interior Designer is interested.
Commentary Rule 5.5(C) is the correlative of Rule
5.3(B), but the latter describes criminal conduct under most state laws for it
involves both "private bribes" (which are ordinarily not criminal in nature)
and the unseemly conduct of using bribery to obtain work. Note that the rule
realistically excludes reasonable entertainment and hospitality and other gifts
of nominal value.
D. A Certified Interior Designer shall not
engage in conduct involving fraud or wanton disregard for the rights of
others.
E. A Certified Interior
Designer, acting individually or through a firm, association or corporation
shall not request, propose, or accept an agreement, contract, or commission for
certified interior design services on a "contingency basis" under which the
Certified Interior Designer's judgment may be compromised or when a contingency
provision is used as a device for promoting or securing an agreement, contract,
or commission, either for additional commissions or projects or for performing
further services on the project involved. For purposes of adjudging the
provisions of this section "contingency basis" will also be interpreted to
include the preparation of preliminary reports and/or applications for funds or
for reviewing for approval where the fee involved is to be paid only after such
submission or approval, or in an amount substantially below the cost of
performing the services.
Commentary - This provision reflects directly on the
increasing custom of soliciting submittals from Certified Interior Designers
with compensation to the Certified Interior Designer contingent upon the
occurrence of a particular event, i.e.: the funding of the project. The
Certified Interior Designer is requested to provide services with the
possibility of receiving no, or a substantially reduced, fee. If this occurs,
selection of the Certified Interior Designer is based upon conditions other
than qualifications. Additionally, this encourages the Certified Interior
Designer to perform substandard or inadequate work which may endanger the life,
health or safety of the public.
