N.Y. Education Law § 7209: Special provisions

§ 7209. Special provisions. 1. Every professional engineer, land

surveyor and professional geologist shall have a seal, approved by the

board, which shall contain the name of the professional engineer and the

words "Licensed Professional Engineer", the name of the land surveyor

and the words "Licensed Land Surveyor" or the name of the professional

geologist and the words "Licensed Professional Geologist", and such

other words or figures as the board may deem necessary. All plans,

specifications, plats and reports relating to the construction or

alteration of buildings or structures, or geologic drawings and reports

prepared by such professional engineer, all plans, specifications, plats

and reports prepared by such land surveyor and all geologic drawings and

reports prepared by such professional geologist or by a full-time or

part-time subordinate under his or her supervision, shall be stamped

with such seal and shall also be signed, on the original with the

personal signature of such professional engineer, land surveyor or

professional geologist when filed with public officials. No official of

this state, or of any city, county, town or village therein, charged

with the enforcement of laws, ordinances or regulations shall accept or

approve any plans, specifications, or geologic drawings or reports that

are not stamped:

a. With the seal of an architect or professional engineer or land

surveyor or professional geologist licensed in this state and bearing

the authorized facsimile of the signature of such architect or

professional engineer or land surveyor or professional geologist, or

b. With the official seal and authorized facsimile of the signature of

a professional engineer or land surveyor or professional geologist not a

resident of this state and having no established business in this state,

but who is legally qualified to practice as such in his or her own state

or country, provided that such person may lawfully practice as such in

this state, and provided further that the plans, specifications, or

geologic drawings or reports are accompanied by and have attached

thereto written authorization issued by the department certifying to

such right to practice at such time.

2. a. To all plans, specifications, plats and reports to which the

seal of a professional engineer or land surveyor has been applied, there

shall also be applied a stamp with appropriate wording warning that it

is a violation of this article for any person, unless he or she is

acting under the direction of a licensed professional engineer or land

surveyor, to alter an item in any way. If an item bearing the seal of an

engineer or land surveyor is altered, the altering engineer or land

surveyor shall affix to the item his or her seal and the notation

"altered by" followed by his or her signature and the date of such

alteration, and a specific description of the alteration.

b. To all geologic drawings and reports to which the seal of a

professional geologist or professional engineer has been applied, there

shall also be applied a stamp with appropriate wording warning that it

is a violation of this article for any person, unless he or she is

acting under the direction of a professional geologist or professional

engineer, to alter a drawing or report in any way. If an item bearing

the seal of a licensed professional geologist or professional engineer

is altered, the altering party shall affix to the item his or her seal

and the notation "altered by" followed by his or her signature and the

date of such alteration, and a specific description of the alteration.

Nothing contained in this article shall be deemed to authorize a

professional geologist to practice professional engineering unless he or

she is licensed as a professional engineer pursuant to this article.

3. No county, city, town or village or other political subdivision of

this state shall engage in the construction or maintenance of any public

work involving engineering or land surveying for which plans,

specifications and estimates have not been made by, and the construction

and maintenance supervised by, a professional engineer or land surveyor;

provided that this section shall not apply to the construction,

improvement or maintenance of county roads or town highways, nor to any

other public works wherein the contemplated expenditure for the

completed project does not exceed five thousand dollars. This section

shall not be construed as affecting or preventing any county, city, town

or village or other political subdivision of this state from engaging an

architect licensed in this state for the preparation of plans,

specifications and estimates for and the supervision of construction or

maintenance of public works.

4. Engineers, land surveyors, geologists, architects, and landscape

architects may join in the formation of a joint enterprise, or a

partnership or a professional service corporation or a design

professional service corporation or may form any desired combination of

such professions and may use in the name of such corporation the title

of any of the professions which will be practiced. After the name of

each member his or her profession shall be indicated.

5. A firm name may be continued by employees having at least fifteen

years of continuous service if the retired members and legal

representatives of deceased members consent to such continuance.

6. It shall be lawful for a corporation organized and existing under

the laws of the state of New York which on the fifteenth day of April,

nineteen hundred thirty-five and continuously thereafter, was lawfully

practicing engineering or land surveying in New York state, to continue

such practice provided that the chief executive officer shall be a

professional engineer licensed under this article, if practicing

engineering, or a land surveyor licensed under this article, if

practicing land surveying, and provided further that the person or

persons carrying on the actual practice of engineering or surveying on

behalf of, or designated as "engineer" or "surveyor", with or without

qualifying or characterizing word, by such corporation shall be

authorized to practice engineering or land surveying as provided in this

article. It shall be lawful for a corporation which, on account of or as

a result of requirements, restrictions or provisions of federal law, was

organized subsequent to April fifteenth, nineteen hundred thirty-five

for the purpose of taking over an existing engineering organization

established prior to such time and which has taken over such

organization and continued its engineering activities, provided that the

chief executive officer of such corporation shall be a professional

engineer licensed under this article and provided further, that the

person or persons carrying on the actual practice of engineering on

behalf of, or designated as "engineer", with or without qualifying or

characterizing word, by such corporation, shall be authorized to

practice engineering as provided in this article. No such corporation

shall change its name or sell its franchise or transfer its corporate

rights, directly or indirectly to any person, firm or corporation

without the consent of the department. Each such corporation shall

obtain a triennial registration on payment of a fee of fifty dollars.

7. Nothing in this article shall be construed to apply:

a. To the preparation or execution of designs, drawings, plans or

specifications for the construction or installation of machinery, or

apparatus constructed or installed by the corporation preparing such

designs, drawings, plans or specifications if the supervision of the

preparation of any such designs, drawings, plans or specifications,

construction or installation is done under the general direction of a

professional engineer or land surveyor licensed under this article; or

b. To alterations to any building or structure costing ten thousand

dollars or less which do not involve changes affecting the structural

safety or public safety thereof nor to farm buildings, including barns,

sheds, poultry houses and other buildings used directly and solely for

agricultural purposes; nor to residence buildings of gross floor area of

fifteen hundred square feet or less, not including garages, carports,

porches, cellars, or uninhabitable basements or attics.

8. Nothing in this article shall prohibit a corporation organized and

existing prior to the fifteenth day of April, nineteen hundred

thirty-five under the laws of any state other than the state of New

York, the name of which includes the word "engineers", from obtaining a

certificate of authority to do business in the state of New York,

provided that the business proposed to be done by such corporation

within this state, as set forth in the statement and designation

provided for by section thirteen hundred four of the business

corporation law, shall not include the practice within this state of

engineering or land surveying.

9. a. Any person who knowingly damages, destroys, disturbs, removes,

resets, or replaces any boundary marker placed on any tract of land by a

licensed land surveyor, or by any person at the direction of a licensed

land surveyor, for the purpose of designating any point, course or line

in the boundary of such tract of land in which he or she has no legal

interest, shall be punished by a civil fine of not more than five

hundred dollars and shall be liable for the cost of reestablishment of

said boundary marker.

b. Notwithstanding the provisions of paragraph a of this subdivision,

a licensed land surveyor licensed under section seventy-two hundred

three of this article or a person acting at the direction of any such

licensed land surveyor, may remove an existing marker if substandard in

nature in order to place an upgraded marker in the same location and

shall note the same on the map of survey.