VOLUME 39, ISSUE 22
ISSUE DATE: NOVEMBER 19, 2007
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Pre-Proposed Amendments: N.J.A.C. 13:40-3.2 and 3.5
Pre-Proposed New Rules: N.J.A.C. 13:40-5A
Notice of Pre-Proposal
Exception to the Definition of the Practice of Land Surveying; Measurements by Professional Engineers
Authorized By: State Board of Professional Engineers and Land Surveyors, Arthur Russo, Executive Director.
Authority: N.J.S.A. 45:1-15.1.
Pre-Proposal Number: PPR 2007-1.
Take notice that on October 17, 2006, the New Jersey Society of Professional Engineers (NJSPE) filed a petition with the State Board of Professional Engineers and Land Surveyors (the "Board") requesting that the Board amend N.J.A.C. 13:40-1.3 to include definitions for the terms "boundary survey," "engineering measurements," and "topographic survey." In addition, NJSPE requested that the definition of "'engineering,' 'professional engineering,' or 'practice of engineering'" and the definition of "'land surveying,' 'surveying,' or 'practice of land surveying'" be amended. Finally, the petitioner requested that the Board amend N.J.A.C. 13:40-3.2 to include new subsection (d), which would allow a professional engineer to include in a plan prepared by the professional engineer, information taken from a boundary or topographic survey prepared by a land surveyor as long as a signed and sealed copy of the survey is attached to the plan. A notice acknowledging receipt of the petition and summarizing its contents was published in the December 4, 2006 New Jersey Register at 38 N.J.R. 5179(a).
The petition was considered by the Board at its December 7, 2006 meeting. At that time, the Board determined to refer the matter to Committee for further deliberation to review the information submitted to the Board both in the petition and in the oral comments presented to the Board at the December 7, 2006 meeting. A notice of the Board's decision was published in the January 16, 2007 New Jersey Register at 39 N.J.R. 263(b).
At its March 1, 2007 meeting, the Board heard the Committee's recommendation on the petition for rulemaking and granted the petition for rulemaking. A notice of the Board's decision was published in the April 2, 2007 New Jersey Register at 39 N.J.R. 1323(a).
Take further notice that, pursuant to the Board's decision to grant the petition for rulemaking, the Committee has developed Subchapter 5A, which sets forth a purpose and scope, definitions, both permissible and prohibited measurements by professional engineers, and the requirements for plans and surveys. The Board finds it appropriate to submit this draft proposal as a pre-proposal to allow interested parties to submit comments and suggestions prior to formally proposing this rule.
Submit written comments on the pre-proposal by January 18, 2008 to:
Arthur Russo, Executive Director
State Board of Professional Engineers and Land Surveyors
124 Halsey Street
PO Box 45015
Newark, NJ 07101
Full text of the pre-proposed new rules and pre-proposed rule amendments follows:
SUBCHAPTER 3. LICENSURE REQUIREMENT; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT
13:40-3.2 Licensure exemptions[: acceptable measurements by professional engineers]
(a)-(c) (No change.)
13:40-3.5 Enumeration of prohibited acts
(a) Misconduct in the practice of professional engineering or land surveying shall include, without limitation:
1.-14. (No change.)
15. Any violation of N.J.A.C. 13:40-5A.
SUBCHAPTER 5A. EXCEPTION TO THE DEFINITION OF THE PRACTICE OF LAND SURVEYING; MEASUREMENTS BY PROFESSIONAL ENGINEERS
13:40-5A.1 Purpose and scope
The rules of this subchapter address and interpret the exception language contained in N.J.S.A. 45:8-28(e), as it applies to professional engineers who perform measurements, by setting forth the exclusive circumstances under which professional engineers may perform measurements necessary for the design, construction stake-out, construction and post-construction records of an engineering project, provided that these measurements are not related to property lines, lot lines, easement lines, or right-of-way lines, the establishment and re-establishment of which are required to be made by a land surveyor.
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:
"Governmental authority" means a Federal, State, county or municipal entity.
"Plan" means a plan required to be signed and sealed by a professional engineer to be submitted to a governmental authority.
"Site plan" means a plan prepared by a professional engineer in accordance with N.J.A.C. 13:40-7.
"Survey" means a boundary and/or topographic survey prepared by a land surveyor in accordance with N.J.A.C. 13:40-5.
13:40-5A.3 Measurements by professional engineers; plan and survey requirements
(a) Professional engineers may make horizontal or vertical measurements of those natural and/or manmade features or structures depicted on an existing survey prepared by a land surveyor.
(b) Professional engineers are not permitted to:
1. Depict existing features or structures on a plan that are not shown on an existing survey;
2. Depict existing contour or topographic lines on a plan that are not shown on an existing survey; or
3. Prepare a boundary or topographic survey.
(c) In the preparation of a site plan, the professional engineer shall utilize a boundary and topographic survey prepared by a land surveyor, which accurately depicts the current conditions of the property.
(d) The professional engineer shall attach to the site plan as a supporting document for submission to the proper governmental authority a signed and sealed copy of the boundary and topographic survey utilized in connection with the preparation of a site plan. The submitted site plan shall contain a certification by the professional engineer as follows: "I hereby certify that, in accordance with N.J.A.C. 13:40-5A.3, I have attached a signed and sealed copy of the boundary and topographic survey utilized in connection with the preparation of this plan."
(e) In the preparation of a plan, professional engineers shall take into account applicable Federal, State, county and municipal statutes, regulations and ordinances.
(f) In the preparation of a survey, a land surveyor shall take into account applicable Federal, State, county and municipal statutes, regulations and ordinances.
(g) Any violation of (a) through (f) above shall be considered professional misconduct.