Implementing Rules and Regulations of the Philippine Interior Design Act of 2012

May 2, 2013 PRC BOARD OF INTERIOR DESIGN RESOLUTION NO. 002-13 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10350 KNOWN AS THE "PHILIPPINE INTERIOR DESIGN ACT OF 2012" Pursuant to Section 10 (a), Article II Section 39, Article V of Republic Act No. 10350, otherwise known as the "AN ACT TO REGULATE AND MODERNIZE THE PRACTICE OF THE INTERIOR DESIGN IN THE PHILIPPINES", repealing Republic Act Numbered 8534, the Professional Regulatory Board of Interior Design, after review and approval of the Professional Regulation Commission, hereby adopts this Resolution to effectively implement, administer, and enforce the provisions of Republic Act No. 10350. RULE I Title, Statement of Policy, Objectives, Definition of Terms and Scope of Practice SECTION 1. Title. This Resolution shall be known and cited as "THE IMPLEMENTING RULES AND REGULATIONS OF THE PHILIPPINE INTERIOR DESIGN ACT OF 2012", for brevity, the IRR of R.A. No. 10350, or the IRR. SECTION 2. Statement of Policy. The State recognizes the important role of the interior design profession in nation building. Towards this end, the State shall promote the sustained development of professional interior designers, whose technical competencies have been determined by honest and credible licensure examinations and whose standards of professional service and practice are internationally recognized and considered globally competitive, brought about by regulatory measures and human resource programs and activities that foster their professional growth and advancement. SECTION 3. Objectives. This Rules shall govern the following: a. The examination, registration and licensure of professional interior designers; HSTAcI b. The supervision, control and regulation of the practice of interior design; c. The development of the professional competence of interior designers through continuing professional education development; and d. The integration of the interior design profession. SECTION 4. Definition of Terms. For purposes of this IRR, the following terms shall mean as follows: a. Interior design the science and art of planning, specifying, selecting and organizing the surface finishes, treatments, colours and materials including furniture, furnishings and fixtures and other interior design elements for the purpose of the interior space allocations to suit, enhance and meet the intended function, movement and character for which the interior of the building is designed. b. Professional interior designer a natural person who holds a valid certificate of registration and a valid professional identification card issued by the Board and the Commission pursuant to R.A. No. 10350. c. Commission the Professional Regulation Commission (PRC). d. Commission Chairperson the Chairperson of the Professional Regulation Commission. e. Republic Act No. 8981 Professional Regulation Commission Modernization Act of 2000. f. Board the Professional Regulatory Board of Interior Design created under R.A. No. 10350. g. Board Chairperson the Chairperson of the Board of Interior Design. h. CHED the Commission on Higher Education. i. CPE Continuing Professional Education/Development. j. CPEC Continuing Professional Education Council. k. AIPO the Accredited and Integrated Professional Organization of licensed and registered Interior Designers recognized by the Board and the Commission. l. CIDE Council of Interior Design Educators. m. Interior Design Terms : (1) Interior Space an area inside a building or room with respect to design and decoration, the purpose, function and dimensions of which, is prescribed in the contract documents. (2) Contract Documents documents that form part of the legal contract for services between two or more parties which shall include detailed instructions to the contractor, tender forms, contract documents and specifications. cDSAEI (3) Contract Administration/Project Management services on specified interior spaces which shall include developing and monitoring schedules and construction costs, ensuring that construction is completed in conformance with contracts and design intent; or doing liaison works with contractors and consultants throughout the course of construction; reviewing shop drawings submitted by contractor; observing and monitoring construction progress; move-in and furniture/furnishing installations and conducting the required post-occupancy evaluations. (4) Furniture Footprint Plans plans showing appropriate scale and type of furnishings with critical or required clearances that shall serve as the basis for a fully integrated project design for Furniture, Furnishings & Equipment (FF&E) package. (5) Furniture, Furnishings & Equipment (FF&E) design, selection, specification, color coordination and procurement documentation of the required items necessary to meet the functional, operational, sustainability, safety and aesthetic requirements of the users. (6) Programming scope of work which may include, but not limited to, conducting research; identifying and analyzing the requirements of the clients; evaluating existing documentation and conditions; assessing project resources and limitations; identifying life safety and relevant codal requirements; and developing project schedules and budgets. (7) Reflected Ceiling Plan (RCP) a ceiling layout that shall include lighting and other fixed or movable elements of all utilities. (8) Space Planning researches, analyses and plan/design translations of interior spatial requirements based on codal requirements and space planning standards, including, but not limited to space programs/plans, stacking diagrams, connectivity and access, satisfaction of organic and sustainable design requirements and furniture and equipment layouts. (9) Technical Specifications detailed written description of construction, workmanship and materials of the interior design work to be undertaken which may be closed or open technical specifications. SECTION 5. Scope of the Professional Practice of Interior Design. The practice of interior design is the act of planning, designing, specifying, supervising and providing general administration and responsible direction to the functional, orderly and aesthetic arrangement and enhancement of interior spaces. It shall include, but not be limited to, the following activities: (1) Consultation, advice, direction, evaluation, budgetary estimates and appraisals; (2) Formulation of preliminary interior design concepts, schematic interior design development, interior design recommendation, execution of professional contract documents and programming of construction phases; (3) Preparation of interior design plans, working drawings, perspectives, specifications for interior construction details, and technical specifications for non-load bearing interior construction. (4) Interior construction administration, supervision, coordination of revisions, preservation or restoration of interior spaces; (5) All other works, projects and activities that require the professional competence of the interior designer, including the teaching of interior design subjects. The Board, subject to approval by the Commission, may revise, exclude from, or add to, the above enumerated acts or activities as the need arises to conform to the latest trends and developments in the practice of interior design. RULE II Professional Regulatory Board of Interior Design SECTION 6. Creation and Composition of the Professional Regulatory Board of Inferior Design. The Board under the administrative control and supervision of the Commission shall be composed of a Chairperson and two (2) Members to be appointed by the President of the Philippines from a list of two (2) recommendees for each position submitted by the Commission, who in turn will be drawn from a list of three (3) to five (5) nominees for each position recommended by the AIPO. The new Board shall be created within six (6) months from the effectivity of Republic Act No. 10350. SECTION 7. Qualifications of the Chairperson and Members. The Chairperson and Members of the Board shall, at the time for their appointment, possess the following qualifications: a. Must be a citizen and resident of the Philippines; b. Must be a degree holder of Bachelor of Science in Interior Design (BSID) or Bachelor of Fine Arts (BFA) major in Interior Design, or an equivalent degree conferred by a school, academy, college or university in the Philippines or abroad, that is recognized and/or accredited by the Philippine government specifically by CHED. c. Must be a Registered Interior Designer with a valid certificate of registration and professional identification card and an active practitioner of interior design for not less than ten (10) years prior to appointment; d. Must not be a member of the faculty of any school, where a regular course in Interior Design is being taught, or have pecuniary interest in, or administrative supervision over any such institution of learning; e. Must not be connected with a review center or with any group giving review classes or lectures in preparation for the licensure examination; CIaASH f. Must be a member in good standing of the duly accredited and integrated professional organization of interior designers but not an incumbent trustee or officer thereof; and g. Has never been convicted of a crime involving moral turpitude, or a civil and/or criminal offense. SECTION 8. Term of Office. The members of the Board shall hold office for a term of three (3) years from the date of appointment or until their successors shall have been appointed and qualified. They may be reappointed for another term of three (3) years immediately upon expiration of their term: Provided, That no member shall hold office for more than six (6) years in his position as a Chairperson or as a member of the Board. Of the members to be appointed as the Board under Republic Act No. 10350, one (1) shall hold office as Chairperson for three (3) years; one (1) Member for two (2) years; and one (1) Member for one (1) year. Each Member of the Board shall take the proper oath prior to assumption of duty. SECTION 9. Compensation of the Board Members. The Chairman and the Members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by existing regulatory boards under the Commission as provided for in the General Appropriations Act and Section 10 of Republic Act No. 8981. SECTION 10. Powers and Duties of the Board. The Board shall have the following powers, duties and responsibilities: a. Adopt, promulgate and administer the rules and regulations necessary for carrying out the provisions of Republic Act No. 10350; b. Supervise and regulate the registration, licensure and practice of the professional interior designers in the Philippines; c. Administer oaths in connection with the administration of Republic Act No. 10350; HEDCAS d. Issue, suspend, revoke or reinstate the certificate of registration or professional license for the practise of the interior design profession; e. Adopt an official seal of the Board; f. Monitor the conditions affecting the practice of interior design and adopt such measures as may be deemed proper for the enhancement of the profession and/or maintenance of high professional, ethical and technical standards, such as the conduct of ocular inspection evaluation and monitoring of establishments and institutions where there are licensed Interior Designers; g. Ensure, in coordination with the Commission on Higher Education (CHED), that all other educational institutions offering interior design comply with the policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities such as the conduct of ocular inspections, evaluation and monitoring educational institutions pursuant to PRC-CHED Memorandum of Agreement (MOA); h. Prescribe and adopt a Code of Ethics and/or Code of Professional Standards for the practice of the interior design profession; TcIaHC i. Hear and try administrative cases involving violations of Republic Act No. 10350, its implementing rules and regulations (IRR), the Code of Professional Standards for the practice of the interior design profession, for this purpose, to issue subpoena and subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith and other processes pursuant to PRC Rules on Administrative Investigations; j. Prescribe guidelines for CPE/CPD program for Interior Designers in coordination with the AIPO of Interior Designers; k. Prepare, adopt and issue the Table of Specifications (TOS) and syllabi of the subjects for examination in the professional licensure examination for Interior Designers. Determine and prepare the questions for the examination, which shall strictly be within the scope of the syllabi of the subjects of the examination. The Board, subject to the approval by the Commission, and in coordination with the CHED and the AIPO of Interior Designers, may amend the subjects, their TOS and their Syllabi so as to conform to technological changes brought about by continuing trends in the profession; and l. Discharge such other duties and functions as may be deemed necessary for the enhancement of the interior design profession and the upgrading, development and growth of interior design education in the Philippines. SECTION 11. Grounds for Removal or Suspension of Board Chairperson/Member. The President of the Philippines, upon recommendation of the Commission, after giving the Chairperson or the member of the Board an opportunity to defend himself/herself in an administrative investigation conducted by the Commission, may remove or suspend him/her on any of the following grounds: a. Gross neglect, incompetence or dishonesty in the discharge of his/her duty; b. Commission of the prohibited acts and/or violation of the provisions or commissions of the offenses and/or grounds for disciplinary action provided in Republic Act No. 10350, the Revised Penal Code, the Anti-Graft and Corrupt Practices Act, and other related laws; c. Manipulation or rigging of the licensure examination for interior designers, tampering with the results, disclosure of secret and confidential information relating to the examination prior to the conduct thereof, or manipulation/padding/shaving of grades and similar acts; and d. Conviction of an offense involving moral turpitude. The Commission, in the conduct of the investigation, shall be guided by Section 7 (s) of Republic Act No. 8981, the rules on administrative investigation and the applicable provisions of the Revised Rules of Court. SECTION 12. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services. The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications for examination, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commission shall designate the secretary of the Board and shall provide the secretariat and other support services to implement the provisions of Republic Act No. 10350. aHDTAI SECTION 13. Annual Report. The Board shall, at the close of each calendar year, submit an annual report to the President of the Philippines, through the Commission, giving a detailed account of its proceedings and accomplishments during the year and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of interior design. RULE III Official Seal of the Board SECTION 14. Official Seal of the Board. The official seal of the Board which will be indicated in a Resolution shall be circular in form with a stylized human figure wearing a hat, arms outstretched upward; between his parted legs is a "bahay-kubo"; to his right are three stars and rays of the sun; to his left are sampaguita flowers and laurel leaves; and the words "INTERIOR DESIGN" written in a circular manner, the letter being equally spaced written on top, and the word "PROFESSIONAL REGULATION COMMISSION" written below. RULE IV Licensure Examination and Registration SECTION 15. Licensure Examination Requirement. Except as otherwise specifically allowed under Republic Act No. 10350, applicants for registration for the practice of interior design shall pass a professional licensure examination in such places and on such dates as the Commission may designate in accordance with the provisions of Section 7 (d) of Republic Act No. 8981. SECTION 16. Qualifications of Applicants. An applicant for the licensure examination for interior designers shall satisfactorily prove that he/she possesses the following qualifications: EDcICT a. Citizen of the Philippines or a foreign citizen whose country/state has a policy of reciprocity with the Philippines in the practice of interior design; b. Of good moral character; c. A holder of any of the following: (1) A degree in interior design obtained from a reputable institution of learning in the Philippines recognized by the government and affiliated with a school/college/university duly recognized or accredited by the CHED; (2) A degree in interior design obtained from a reputable institution of learning in a foreign country/state: Provided, That the same is certified by the CHED as equivalent to a Bachelor of Science in Interior Design obtained in the Philippines; and d. Not convicted of an offense involving moral turpitude by a court of competent jurisdiction. SECTION 17. Application. The applicant for examination shall file a duly-accomplished computerized application in the Application Division of the Commission or in any of its Regional Offices which are also test centers for the profession, accompanied by an authentic or authenticated copies of the required documents. SECTION 18. Subjects for Licensure Examination. The examination for interior design shall basically cover the following subjects: a. Interior Design b. Furniture Design and Construction c. Materials of Design and Decoration d. History of Arts and Interior Design e. Interior Construction and Utilities f. Color Theory g. Professional Practice and Ethics Subject to the approval of the Commission, the said subjects, their TOS and their syllabi may be amended by the Board in coordination with the CHED, so as to conform to technological changes brought about by continuing trends in the profession, in coordination with the AIPO of interior designers. SECTION 19. Examination Program. The Board shall issue for dissemination a program for every scheduled examination not later than twenty (20) days before the first day of the scheduled examination which shall contain the following: cIHSTC a. Name of licensure examination; b. Subjects for examination with their corresponding percentage weights, time, dates and places of examination; c. Instructions to examinees; d. Names and signatures of the Chairman and Members of the Board. SECTION 20. Venues and Dates of Examination. The Interior Design Licensure examination shall be held at least once a year in the City of Manila and in such other places as may be determined by the Board and approved by the Commission. The venues and dates of examinations shall be included in the Schedule of Professional Licensure examinations issued yearly by the Commission. SECTION 21. Report of Rating in the Licensure Examination. An examinee must obtain a weighted general average of seventy percent (70%) to qualify as having passed the examination for Interior Designers. The Board shall release the report of ratings within twenty (20) days after the examination unless extended by the Commission for just cause. SECTION 22. Oath. All successful candidates in the examination shall be required to take an oath of profession before the Board or any government official authorized by the Commission to administer oaths prior to entering the practice of the interior design profession. SECTION 23. Refusal to Register. The Board shall not register any successful applicant for registration who has been: a. Convicted of an offense involving moral turpitude by a court of competent jurisdiction; b. Who has been found guilty of immoral or dishonourable conduct by the Board; c. Adjudged guilty for violation of the General Instructions to Examinees by the Board; and/or d. Declared of unsound mind by a court of competent jurisdiction. In refusing such registration, the Board shall give the applicant a written statement setting forth the reasons therefore and shall file a copy thereof in its records. THCSAE SECTION 24. Issuance of Certificate of Registration and Professional Identification. A certificate of registration shall be issued to applicants who passed the examination for interior designers subject to payment of registration fees. The certificate of registration as professional interior designer shall bear the signatures of the Chairperson of the Commission and the Board members, stamped with the official seal, indicating that the person named therein is entitled to practice the profession with all the privileges appurtenant thereto until withdrawn, suspended or revoked, in accordance with Republic Act No. 10350. A certificate of registration bearing the registration number, date of issuance and expiry date, duly signed by the Chairman of the Board, shall likewise be issued to every registrant who has paid the required fees. The license will serve as evidence that the Interior Designer can lawfully practice his/her profession. ETaSDc A professional identification card, whether new or for renewal shall be released by the PRC upon compliance with the requirements for the application of new or renewal of identification card and upon presentation of the updated receipt of payment of annual membership dues of the AIPO of interior designers and proof of completion of the CPE requirements. SECTION 25. Professional Prefix. Once registered, the letters "IDr", which stands for registered Interior Designer in the Philippines, may be added to the name of the interior designer, who has registered in the roll of professionals. Such title of "IDr" may be used as his/her official appendage title when signing documents pertinent to the practice of his/her profession. SECTION 26. Renewal of Professional Identification Card. The professional identification card issued to an Interior Designer shall be valid for a period of three (3) years from its issuance and shall be renewed every after three (3) years on the birth month of the Interior Designer upon payment of fees and submission of required documents (CPE/CPED, COGS) SECTION 27. Roster of Interior Designers. The Board shall prepare, update and maintain a roster of registered, licensed Interior Designers, which shall contain the names, residence and office addresses of all registered interior designers which shall be updated annually in cooperation with the AIPO, indicating therein the status of the certificate of registration, professional identification card, AIPO membership and other data the Board may deem pertinent, whether valid, delinquent, suspended or surrender or terminated due to death or other reasons. The said roster shall be conspicuously posted with the premises of the Commission and the information there from made available to the public upon inquiry or request. SECTION 28. Vested Rights. All practicing interior-designers who are registered at the time of the passage of Republic Act No. 10350 shall automatically be registered and issued certificates of registration, subject to existing rules and regulations." RULE V Integration of Interior Designers SECTION 29. Integration of Interior Designers. All Interior Designers shall be integrated into one (1) national organization of interior designers that is duly registered with the SEC. The Board, subject to approval by the Commission, shall accredit the said organization as the one and only AIPO of interior designers. All interior designers whose names appear in the Registry Book of Interior Designers shall ipso facto or automatically become members thereof and shall receive therefrom all the benefits and privileges due to members upon payment of AIPO membership fees and dues. Membership in other organizations of interior designers shall not be barred. RULE VI The Practice of Interior Design SECTION 30. Lawful Practitioners of Interior Design. The following persons shall be authorized to practice the interior design profession: (a) Natural persons who are either: (1) Duly registered and licensed as interior designers and holders of valid certificates of registration and valid professional identification cards issued by the Board and the Commission pursuant to Republic Act No. 10350; or (2) Holders of valid certificates of registration or temporary/special permits to practice issued by the Board and the Commission to foreign interior designers pursuant to Republic Act No. 10350, Section 7 (j) of Republic Act 8981 and Resolution No. 668, Series of 2012. (b) Juridical persons either as: (1) Single proprietorship owned by a registered and licensed interior designer; or (2) General professional partnership duly registered with the Securities and Exchange Commission (SEC) as professional partnership pursuant to the Civil Code and composed of partners who are all duly registered and licensed interior designers; or (3) Corporation whose chief executive officer (CEO) and key officers shall be registered and licensed Interior Designers, may be registered with the SEC as engaged in the practice of interior design. ECaTAI SECTION 31. Issuance and Use of Seal. Every Interior Designer shall obtain a seal whose design has been adopted and approved by the Board. A duly registered Interior Designer shall sign and affix the seal as approved by the Board on all plans, specifications and contract documents prepared by him/her or under his/her direct supervision during the validity of his/her certificate of registration. The Interior Designer shall likewise indicate his/her professional license number, place and date of issue on documents that he/she signs, affixes his/her seal and issues in connection with the practice of his/her profession or at his/her option use the prefix "IDr". SECTION 32. Proprietary Rights. An interior designer shall enjoy proprietary rights over all drawings and specifications and other contract documents prepared by him/her resulting from his/her professional labor and duly signed, stamped or sealed by him/her, as instruments of service, as well as over the original concepts and designs contained and/or included therein. No person may engage in any activity prejudicial to the proprietary rights of the interior designer, including the reproduction of the contract work or substantial portion thereof, making any alteration, distortion, mutilation, or other modification of, or any derogatory action in relation to, the contract work and the detailed works contained therein, without the written consent of the interior designer unless the said contract work is a commissioned piece of work duly paid for by the person or party who/which commissioned the same in which case the said person or party shall have the right to alter, revise and/or modify the drawing, specification, design, concept and/or contract works. SECTION 33. Foreign Reciprocity. No foreign interior designer shall be issued a Certificate of Registration to practice the interior design profession or be entitled to any of the rights and privileges under Republic Act No. 10350 unless the country of which he/she is a subject or citizen has a policy which permits Filipino interior designers to practice within its territorial limits on the same basis as the subject or citizens of such foreign state or country. SECTION 34. Practice Through Special/Temporary Permit. a. Foreigners intending to work in the Philippines to perform professional services as interior designers or consultants, whether employed through official foreign-funded or foreign-assisted projects initiated by the government, or engaged by private Filipino or foreign contractors and/or firms, shall first secure a temporary/special permit from the Commission through the Board specifically authorizing him/her to practice on the special project or commission named therein: Provided, That: (1) He/she is legally and professionally qualified and registered to practice interior design in his/her own country; and HTASIa (2) His/her expertise is unique and useful to the Philippines, resulting in the transfer of information and technology, the establishment of international standards in design, and the sharing of other specialized skills. b. The foreign interior designer shall be required to work in every case with a duly licensed Filipino counterpart who has been in continuous practice of interior design for at least ten (10) years and whose competence and integrity have been established by the Board on the basis of uniform standards contained in their IRR. c. The foreign and Filipino interior designers working jointly on a special project shall divide the professional fees and other charges from said project equitably, according to their participation in or professional services rendered to the project. Similarly, all documentation expenses, taxes and other liabilities incurred on the shared project shall also be borne equitably by both foreign and Filipino interior designers. All residual earnings shall also be equitably shared between foreign and local interior designers. d. Foreigners working jointly with Filipino interior designers shall sign contracts, designs and other credits together with his/her Filipino counterpart. Both foreign and Filipino interior designers shall at all times be acknowledged in all marketing and promotional materials and reportorial compliance for the project whether prepared and/or submitted locally or abroad. Any local person, firm, developer who engages the services of an unaccredited foreign practitioner is equally liable for non-compliance of the law. e. Foreign design firms or individuals practicing in the Philippines before the promulgation of Republic Act No. 10350 are required to comply with the requirements pursuant to the applicable provisions of Republic Act 8981, Resolution No. 2012-668, Series of 2012 and this Republic Act. f. Any violation of these requirements or other illegal practices undertaken by either foreign design firms or their Filipino counterparts shall be punishable by Republic Act No. 10350 and/or this IRR issued by the Board. The provisions of PRC Resolution No. 2012-668, Series of 2012, entitled "Guidelines in Implementing Section 7, Paragraphs (j), (l) and Section 16 of Republic Act No. 8981" shall govern the procedures in the application, filing, evaluation, issuance/approval/denial/revocation/cancellation of Certificates of Registration or Special Temporary Permit/s of foreign nationals who desire to practice interior design in the Philippines. SECTION 35. Indication of Certificate of Registration and Professional Tax Receipt. The interior designer shall be required to indicate his/her certificate of registration number and date of its issuance, the expiry of his/her current professional identification card, the professional tax receipt (PTR) and its date of issuance, his/her AIPO membership number and date with official receipt number and date of membership payment (annual/lifetime) on all the documents he/she signs, uses or issues in connection with the practice of the profession. STcEaI RULE VII Administrative Proceedings SECTION 36. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit. The Board shall have the power, upon notice and hearing to revoke or suspend the certificate of registration of a registered and licensed interior designer or to cancel a temporary/special permit granted to foreign interior designer, for violation of any grounds or causes in Section 21 of Republic Act No. 10350, except (c) thereof, and any of the following grounds: a. Violation of any provision of Republic Act No. 10350, its IRR, the Code of Ethics, the Code of Good Governance, the Code of Professional Standards for the practice of interior design as well as the policy measures promulgated by the Board and/or the Commission; b. Perpetration and/or use of fraud in obtaining his/her certificate of registration, professional identification card or temporary/special permit; c. Gross incompetence, negligence or ignorance resulting to death, injury or damage; d. Refusal to join or to remain a member in good standing of the AIPO for interior designers; e. Neglect or failure to pay the annual registration fees for five (5) consecutive years; f. Knowingly aiding or abetting the illegal practice of a nonregistered and licensed person by allowing him/her to use his/her certificate of registration and/or professional identification card and/or his/her temporary/special permit; g. Illegally practicing the profession during his/her suspension from the practice thereof; h. Addiction to a drug or alcohol abuse, impairing his/her ability to practice his/her profession or being declared of unsound mind by a court of competent jurisdiction; and i. Non-compliance with the CPE requirements, unless he/she is exempted there from, for the renewal of his/her professional identification card. The Board shall periodically evaluate the aforementioned grounds and amend, modify, revise, exclude and/or add new ones as the circumstances and the developments in the profession may require, subject to the approval of the Commission. Any person, firm or association may file charge/s in accordance with the provision of this section against any registered interior designer or the Board may motu propio investigate violation of any of the abovementioned causes. Affidavit embodying the complaint shall be filed together with the affidavits of witnesses and other documentary evidence with the Board through the Legal and Investigation Office. Any motu proprio action of the Board to conduct an investigation shall be embodied in a formal charge to be signed by at least majority of the members of the Board. The rules on administrative investigation shall be subject to applicable provisions of Republic Act No. 10350, R.A. 8981 and the Revised Rules of Court. SECTION 37. Reissuance of Revoked Certificate of Registration, Replacement of Lost or Damaged Certificate of Registration, Professional Identification Card or Temporary/Special Permit. The Board may, upon petition on meritorious grounds, reinstate or reissue a revoked certificate of registration after two (2) years from date of effectivity of the period for revocation. The date of effectivity of the period of revocation shall be reckoned from the date of receipt by the respondent of the final order or resolution revoking his/her registration or the date of the surrender by the respondent of his/her certificate of registration and professional identification card, it is still valid. The Board may not require the holder thereof to take another licensure examination. The petitioner shall prove to the Board that the ground or grounds for the revocation of his/her certificate of registration no longer exists. For the grant of his/her petition, the Board shall issue a Board Resolution subject to approval by the Commission. A duplicate copy of lost certificates of registration, professional identification card or temporary/special permit may be reissued in accordance with rules thereon and upon payment of the prescribed fees therefore. aHTEIA SECTION 38. Non-payment of Annual Registration Fees. The Board shall suspend a registered interior designer from the practice of his/her profession for non-payment of the annual registration fees for five (5) consecutive years from his/her last or previous year of payment. The resumption of his/her practice shall take place only upon payment of the delinquent fees plus surcharges and interest and in accordance with the rules of the Commission. The running of the five (5) year period may be interrupted upon written notice of the discontinuance of his/her practice and surrender of his/her certificate of registration and professional identification card to the Board any/or the Commission. SECTION 39. Procedure. The Board shall be assisted by the legal or hearing officers of the Commission in the investigation of administrative cases filed before it. The Board may delegate the hearing or investigation of administrative cases except when technical matters or where the issue involved strictly concerns the practice of the profession in which case the hearing or investigation shall be presided by at least one member of the Board assisted by a hearing or legal officer of the Commission. The conduct of and the procedures in an investigation initiated by or filed before the Board against and examinee or a registered Interior Designer shall be governed by the pertinent provisions of the PRC Rules on Administrative Investigation. The pertinent provisions of the Revised Rules of Court shall be supplementary to the said Rules. The Commission through its legal and hearing officers, shall conduct investigation of complaints on any violation of the provisions of R.A. 10350, including violations of the rules and regulations issued thereunder and the Code of Ethics for Interior Designers and, if the acts complained constitutes a criminal offense and the evidence so warrant, to forward the records of the case to the appropriate offices of city or provincial prosecutors for the prosecution of the violators. If the acts complained of would warrant the imposition of administrative sanctions, the respondent shall be proceeded against administratively before the Board in accordance with the pertinent provisions of the Rules and Regulations Governing the Regulation and Practice of Professionals, as amended. aEcHCD RULE VIII Prohibitions and Penalties SECTION 40. Prohibitions. Officers and/or employees of the government, chartered cities, provinces, municipalities now or hereafter charged with the enforcement of the laws, ordinances or regulations relating to the construction or alteration of the interiors of buildings shall accept only those interior plans, specifications and contract documents which have been prepared by or under the supervision of a duly licensed interior designer and signed and sealed by him/her and submitted in full accord with the provisions of R.A. 10350 without any substitution by an architect, engineer or contractor. Violation of the foregoing shall be ground for administrative and/or criminal action. SECTION 41. Penal Clause. The following acts shall be punished by a fine of not less than Three Hundred Thousand Pesos (P300,000.00) but not more than One Million Pesos (P1,000,000.00) or imprisonment of not less than six (6) months but not more than three (3) years, or both fine and imprisonment, at the discretion of the court. a. Local Practitioner (1) Practicing Interior Designer, rendering work and consultations or rendering equivalent services as interior designer as defined in R.A. 10350 or using the title "Interior Designer", "Interior Design Consultant", "Interior Design Stylist", or "Interior Design", the official appendage title "IDr" or any other similar terms in any signage, calling card, advertisement or any other mode of publicity without a valid certificate of registration and/or valid professional identification card or a valid temporary/special permit. (2) Using or attempting to use the seal, certificate of registration and/or professional identification card of a registered interior designer or temporary/special permit issued to foreign professional; (3) Abetting the illegal practice of interior design by an unregistered or unauthorized person; and (4) Impersonating a registered Interior Designer or a holder of a temporary/special permit. ScaAET b. Foreign Practitioner/Firm The responsible officers of a foreign interior design firm and/or a foreigner who shall be found guilty of illegally practicing the interior design profession shall be penalized with a fine equivalent to thirty (30%) percent of the gross fees in addition to payment of back taxes due to the Philippine government, if any, and imprisonment of not less than six (6) months but not more than three (3) years, or both fine and imprisonment, as well as permanent ban from practice in the Philippines, at the discretion of the court. c. Violation of any provision of R.A. 10350 or this IRR. SECTION 42. Civil Liability. The interior designer shall assume full responsibility for the contract work within one (1) year from final acceptance by the client and may be held responsible for any damage or destruction of the works except those occasioned by force majeure. The interior designer shall be fully responsible for the safety, protection, security, and convenience of his clients/user, personnel, third parties, and the public at large, as well as the works, equipment installation and the like to be affected by his work. The liability period for its defects in the projects shall be one (1) year from final acceptance by the client. During this period, the interior designer shall undertake the repair works, at his/her own expense, of any damage to the projects arising from his/her design and/or specifications, within forty-five (45) days from the time the client has issued a notification of the need to undertake repair. In case of failure or refusal to comply with this mandate, the client may undertake such repair works and shall be entitled to full reimbursement of expenses incurred therein upon demand. The failure of the responsible interior designer with the preceding paragraph shall be ground for administrative disciplinary action for which he/she can be held liable for suspension or any appropriate penalty as may be determined by the Board. RULE IX Code of Ethics and Professional Standards SECTION 43. Code of Ethics. The Board, in consultation with the AIPO and other associations of interior designers, shall adopt and promulgate a Code of Ethics for Interior Designers. SECTION 44. Code of Professional Standards. The Board, in consultation with the AIPO and other associations of interior designers, shall likewise prescribe and adopt a Code of Professional Standards for the practice of the Interior Design profession. ACIESH RULE X Continuing Professional Education SECTION 45. Continuing Professional Education. The Board shall implement the policies of Republic Act No. 10350 and the Commission on Continuing Professional Education/Development (CPE/CPD). The Board shall, in coordination with the AIPO, prescribe the standards, requirements, procedures and other guidelines for CPE/CPD programs for approval by the Commission. RULE XI Miscellaneous Provisions SECTION 46. Interpretation of this IRR. Any doubt in the interpretation or construction of this IRR shall be resolved in favour of consistency and harmony with the above statement of policy and objectives. SECTION 47. Suppletory Rule. The provisions of existing laws and related issuances shall be applied suppletorily to this IRR. STaIHc SECTION 48. Enforcement. The Commission shall implement the concerned provisions of R.A. No. 10350, enforce the IRR as adopted by the Board, conduct investigation on complaints including violations of the Code of Ethics and Professional Standards of Interior Designers and prosecute the same when so warranted. SECTION 49. Funding Provision. The Chairperson of the Commission shall include in the Commission's programs the implementation of this IRR, the funding of which shall be included in the annual General Appropriations Act. SECTION 50. Transitory Provision. The incumbent Chairman and Members of the Board shall continue to discharge their duties and responsibilities until such time that a new Board shall have been constituted pursuant to Republic Act No. 10350. SECTION 51. Separability Clause. If any provision of this IRR shall be found to be unconstitutional or invalid, the remainder thereof shall not be affected and shall remain in full force and effect. SECTION 52. Repealing Clause. All rules and regulations, memoranda circulars, resolutions or parts thereof which are inconsistent with the provisions of this IRR are hereby repealed, amended, or modified accordingly. SECTION 53. Effectivity. This IRR shall take effect after fifteen (15) days upon its complete publication in the Official Gazette or two (2) newspapers of general circulation. Done in the City of Manila, this 2nd day of May, 2013. (SGD.) SONIA SANTIAGO-OLIVARES Chairperson (SGD.) KATHRYN M. BELTRAN-ABAO Member (SGD.) MARIA CARLOTA D. HILVANO Member ATTESTED: (SGD.) CARLOS G. ALMELOR Secretary Professional Regulatory Boards APPROVED: (SGD.) TERESITA R. MANZALA Chairperson (SGD.) ALFREDO Y. PO Commissioner (SGD.) JENNIFER JARDIN-MANALILI Commissioner Published in the Official Gazette, Vol. 109, No. 22, page 3946 on June 3, 2013.