N.Y. Education Law § 7208: Exempt persons for the professions of engineering and land surveying

§ 7208. Exempt persons for the professions of engineering and land

surveying. This article shall not be construed to affect or prevent the

following, provided that no title, sign, card or device shall be used in

such manner as to tend to convey the impression that the person

rendering such service is a professional engineer or a land surveyor

licensed in this state or is practicing engineering or land surveying:

a. Offering to practice in this state as a professional engineer or

land surveyor by any person not a resident of, and having no established

place of practice in this state, provided that such person is legally

qualified for such practice in his own state or country;

b. Practice as a professional engineer or land surveyor in this state

by any person not a resident, or having no established place of practice

in this state, or any person resident in this state but who has arrived

in this state within six months, provided, however, such a person shall

have filed an application for license as a professional engineer or land

surveyor, and is legally qualified for such practice in the state or

country in which he resides or has his place of practice or in which he

had his previous residence or place of practice, such exemption

continuing for only such reasonable time as the board requires to grant

or deny the application for license, and a person intending to practice

under this subdivision shall so state on the application;

c. Practice of engineering or land surveying, by an employee of a

county or town, in the construction, improvement or maintenance of a

county road or town highway, or by an employee of a county, city, town

or village, in the construction, improvement or maintenance of any

public work wherein the contemplated expenditure for the completed

project does not exceed five thousand dollars;

d. Operation or maintenance of steam, power, or refrigeration plants

by legally authorized persons not licensed under this article or persons

engaged or employed as an engine man, operator or driver of any engine

or of any mechanical, electrical, chemical or other device or machine;

e. Making of surveys by professional engineers, except that the

determination of real property boundaries may be done only by a licensed

land surveyor;

f. Employment or supervision of interns or other persons qualified by

education or experience by professional engineers or land surveyors as

assistants in the performance of engineering or land surveying, or as

consultants or employees in special fields related to but not uniquely

engineering or land surveying, provided that the engineers or land

surveyors employing or supervising such persons shall not be relieved of

any responsibility whatsoever by delegation to such persons, and

provided further that such persons who have attained the bachelor's

level of studies in accordance with the requirements of section

seventy-two hundred six of this title may be employed as junior or

assistant engineers or junior or assistant land surveyors, or similar

titles, to act under the general direction of a professional engineer or

land surveyor, or in work not covered by this article;

g. Employment of any person as a junior or assistant engineer or

junior or assistant land surveyor in the civil service of the state or

its political subdivisions in a position the title of which was approved

and in use as of July first, nineteen hundred seventy-one, provided such

person acts under the general direction of a licensed professional

engineer or land surveyor;

h. Execution by a contractor or by others of work designed by a

professional engineer, or land surveyor, or the superintendence of such

work as a superintendent, foreman, or inspector;

i. The practice of architecture by an architect licensed in this

state, or the practice of landscape architecture by a landscape

architect licensed in this state, provided that no such architect or

landscape architect shall use the designation "engineer" or

"engineering" unless licensed as a professional engineer in this state;

j. The practice of engineering or land surveying or having the title

"engineer" or "surveyor" solely as an officer or an employee of a

corporation engaged in interstate commerce;

k. The practice of engineering by a manufacturing corporation or by

employees of such corporation, or use of the title "engineer" by such

employees, in connection with or incidental to goods produced by, or

sold by, or nonengineering services rendered by, such corporation or its

manufacturing affiliates;

l. The practice of engineering or land surveying, or using the title

"engineer" or "surveyor" (i) exclusively as an officer or employee of a

public service corporation by rendering to such corporation such

services in connection with its lines and property which are subject to

supervision with respect to the safety and security thereof by the

public service commission of this state, the interstate commerce

commission or other federal regulatory body and so long as such person

is thus actually and exclusively employed and no longer, or (ii)

exclusively as an officer or employee of the Long Island power authority

or its service provider, as defined under section three-b of the public

service law, by rendering to such authority or provider such services in

connection with its lines and property which are located in such

authority's service area and so long as such person is thus actually and

exclusively employed and no longer;

m. The making of land surveys by a professional engineer where such

land surveys are essential to engineering projects, provided he was

licensed as a professional engineer in this state on or before the first

day of January in the year in which this act shall become a law and

files evidence satisfactory to the board on or before the first day of

July in the year next succeeding the year in which this act shall have

become law, that he is competent and experienced in such land surveys;

n. The design by a land surveyor of roads, drainage, water supply or

sanitary sewerage facilities of a minor nature in connection with

subdivisions and the extension and inspection thereof, but not including

sewage disposal or treatment plants, lift stations, pumping stations,

commercial buildings or bridges, provided the surveyor was licensed as a

land surveyor in this state on or before the first day of January in the

year in which this act shall have become a law and files evidence

satisfactory to the board on or before the first day of July in the year

next succeeding the year in which this act shall have become a law,

attesting that he is competent and experienced in the engineering

required for design of such facilities appurtenant to subdivisions; or

o. Using the title "marine operating engineer", "stationary engineer",

"port of customs surveyor", or "ship surveyor".

p. Contractors or builders from engaging in construction management

and administration of construction contracts.