51 N.J.R. 29(a)

VOLUME 51, ISSUE 1, JANUARY 7, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 29(a)
NJ - New Jersey Register  >  2019  >  JANUARY  >  JANUARY 7, 2019  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS

Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.

The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.

At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.
Agency

LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

Administrative Code Citation

Proposed Repeals and New Rules: N.J.A.C. 13:40-2, 15.10, 15.11, 15.12, 15.14, 15.20, and 15.21

Proposed Amendments: N.J.A.C. 13:40-1.3, 3.1, 3.4, 3.5, 5.1, 8.1A, 8.2, 9.1, 10.1, 11.3, 12.2, 15.1, 15.2, 15.8, 15.9, 15.13, and 15.15 through 15.19

Proposed New Rule: N.J.A.C. 13:40-9.2
Text

Board of Professional Engineers and Land Surveyors Rules
Home Inspection Advisory Committee Rules

Proposal Number: PRN 2019-001.

   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:

Summary

The State Board of Professional Engineers and Land Surveyors (the Board) is proposing various amendments, new rules, and repeals to the rules at N.J.A.C. 13:40, in order to clarify existing requirements, delete unnecessary or outdated rules, and to make technical or grammatical changes, when necessary. The Board proposes to recodify several existing rules in Chapter 40 to improve the organization of the rules. In some instances, the Board has proposed repeals of existing rules and is proposing new rules in their place in order to better organize certain subchapters. The Board believes that the proposed new codification scheme will make the rules easier for applicants, licensees, and members of the public to understand and follow.

At N.J.A.C. 13:40-1.3, which sets forth the relevant definitions used throughout the chapter, the Board proposes a technical amendment to the definition of "Certificate of Authorization" to refer to "professional land surveying" in place of the existing reference to "land surveying," in order to ensure consistency with the statutory references to the profession in [page=30] N.J.S.A. 45:8-27 et seq. The Board also proposes to eliminate the definition of "responsible charge." The enactment of P.L. 2015, c. 200 modified the definition of the term for professional engineers. To avoid confusion by retaining one definition of "responsible charge" for professional engineers and another for professional land surveyors, the Board is going to rely on the statutory definitions and continue to address what "responsible charge" means to each profession at N.J.A.C. 13:40-9, as discussed below. The Board also proposes to add definitions for "ABET," which stands for the Accreditation Board for Engineering and Technology, and "NCEES," which stands for the National Council of Examiners for Engineering and Surveying, as both terms are used prominently throughout the rules in Subchapter 2.

Subchapter 2 sets forth requirements for certification or licensure, as well as the application process for engineers-in-training, professional engineers, land surveyors-in-training, and professional land surveyors. While eligibility requirements remain the same, the Board believes that the rules in this subchapter, as currently written, do not reflect technological updates made by NCEES, as well as the engineering and surveying communities to benefit applicants for licensure and/or certificates of registration. Additionally, the Board believes it is useful to reorganize the rules and compile the requirements for each type of certificate of registration or licensure under the same section to account for the aforementioned updates and to ease the application process overall. Therefore, the Board proposes to repeal the rules in the subchapter in their entirety and propose new rules to clarify and/or add certain requirements that seek to modernize the rules, change existing requirements in response to recent statutory changes, and, as noted above, reorganize the rules to make the process simpler for applicants. The Board believes that the proposed new rules in Subchapter 2 will make it easier for licensees and applicants to comply with the Board's requirements. Significant changes to existing requirements are noted below.

Proposed new N.J.A.C. 13:40-2.1 outlines the eligibility requirements and application process to receive a certificate of registration as an engineer-in-training (EIT). Requirements for EITs are currently set forth at N.J.A.C. 13:40-2.4 and 2.8. Proposed new N.J.A.C. 13:40-2.1(a)1i provides that an applicant who graduated from a school not accredited by ABET must obtain an evaluation of his or her degree from a Board-approved evaluation service, or an evaluation from a service chosen by the applicant, which the Board has the discretion to accept. This language updates and incorporates current practices into the Board's rules. Proposed new N.J.A.C. 13:40-2.1(b)1i provides that an applicant who is not registered or licensed in another state, or a non-comity applicant, shall have submitted a transcript as proof of education or may submit an NCEES record containing a verification of education. The current rules does not permit such an applicant to use an NCEES record to verify education. Proposed new N.J.A.C. 13:40-2.1(b)1ii, which requires three references of EIT applicants, will permit non-comity applicants to submit an NCEES record that includes the verification of references in satisfaction of this requirement, which is not currently authorized under the existing rule.

Proposed new N.J.A.C. 13:40-2.2 outlines the eligibility requirements and application process for licensure as a professional engineer. These licensure requirements are presently set forth at N.J.A.C. 13:40-2.5, 2.8, and 2.10. The Board proposes a new provision at N.J.A.C. 13:40-2.2(a)1i, similar to the changes discussed above with respect to EITs, regarding graduates of programs not accredited by ABET. The proposed new rule incorporates current Board practices to permit an applicant for licensure as a professional engineer to use an evaluation service chosen by the applicant, which the Board has the discretion to accept. The Board also proposes new rule N.J.A.C. 13:40-2.2(a)4, which will require four years of professional experience for graduates of engineering programs and six years of experience for graduates of engineering technology programs. The proposed new rule incorporates provisions from N.J.S.A. 45:8-35 requiring six years of experience for engineering technology graduates and that an applicant's experience demonstrate to the Board that he or she can design and supervise projects to insure the safety of life, health, and property. The Board is also proposing a new provision at N.J.A.C. 13:40-2.2(a)4iii to allow experience in teaching courses on engineering or engineering-related topics to junior or senior undergraduates, or to graduate program students, to be substituted for up to two years of professional experience, consistent with the provisions of N.J.S.A. 45:8-35.

Similar to the changes discussed above concerning EITs, the Board proposes new N.J.A.C. 13:40-2.2(b)1i to permit a non-comity applicant to submit an NCEES record to verify required experience. In addition, N.J.A.C. 13:40-2.2(b)1ii will permit a non-comity applicant for licensure to submit either an NCEES record containing a verification of education or a New Jersey-issued EIT certificate of registration as proof of education. The current rule does not address non-comity applicants' using either an NCEES record or a State-issued EIT certificate as verification of education. Similarly, N.J.A.C. 13:40-2.2(b)1iii, which requires submission of proof of passage of the Fundamentals in Engineering examination, will now permit non-comity applicants to submit either an NCEES record with verification of passage of the examination or an EIT certificate issued by the Board. Proposed new N.J.A.C. 13:40-2.2(b)1iv, which requires applicants who have passed the Principles and Practices of Engineering examination to submit proof of passage, will also now permit non-comity applicants to submit an NCEES record with verification of passage as proof. Consistent with the changes noted above with respect to EITs, new N.J.A.C. 13:40-2.2(b)1v, which requires the submission of at least five references, will allow a non-comity applicant to submit an NCEES record that includes the verification of references to satisfy this requirement.

Proposed new N.J.A.C. 13:40-2.3 outlines the eligibility requirements and application process to receive a certificate of registration as a land surveyor-in-training (LSIT). Existing requirements for LSIT certification are set forth at N.J.A.C. 13:40-2.6 and 2.9. Consistent with the changes noted above, new N.J.A.C. 13:40-2.3(a)1i incorporates current Board practices to permit an applicant who graduated from a school not accredited by ABET to obtain an evaluation of his or her degree from a service chosen by the applicant, which the Board has the discretion to accept. In addition, N.J.A.C. 13:40-2.3(b)1i and ii will permit a non-comity applicant to submit an NCEES record as verification of education and reference requirements, respectively.

Proposed new N.J.A.C. 13:40-2.4 outlines the eligibility requirements and application process for licensure as a professional land surveyor. The current requirements and processes are set forth at N.J.A.C. 13:40-2.7, 2.9, and 2.11. Consistent with the changes noted above, proposed new N.J.A.C. 13:40-2.4(a)1i incorporates current Board practices and will permit an applicant for licensure as a professional land surveyor who graduated from a school not accredited by ABET to obtain an evaluation of their degree from a Board-approved service or an evaluation from a service chosen by the applicant. Proposed new N.J.A.C. 13:40-2.4(a)4iii will permit an applicant to apply experience obtained in teaching land surveying or land surveying-related courses to junior or senior undergraduates, or to graduate program students, for up to two years of professional experience, consistent with the provisions of N.J.S.A. 45:8-35. Proposed new N.J.A.C. 13:40-2.4(b)1i will permit a non-comity applicant to submit to the Board an NCEES record with verification of experience. New N.J.A.C. 13:40-2.4(b)1ii will allow a non-comity applicant to satisfy education requirements by submitting either an NCEES record verifying education or an LSIT certificate issued by the Board. New N.J.A.C. 13:40-2.4(b)1iii, which requires proof of passage of the Fundamentals in Land Surveying examination, will now permit non-comity applicants to submit either an NCEES record with verification of passage of the examination or a New Jersey Board-issued LSIT certificate as proof. Similarly, proposed new N.J.A.C. 13:40-2.4(b)1iv, which requires proof of passage of the Principles and Practices of Land Surveying examination, will allow a non-comity applicant to submit an NCEES record with verification of passage as proof. Consistent with the changes noted above with respect to LSITs, new N.J.A.C. 13:40-2.4(b)1v, which requires the submission of at least five references, will allow a non-comity applicant to submit an NCEES record that includes the verification of references to satisfy this requirement.

Proposed new N.J.A.C. 13:40-2.5 concerns the waiver of the Fundamentals in Engineering examination and incorporates the existing requirements of the current waiver rule set forth at N.J.A.C. 13:40-2.12.

Proposed new N.J.A.C. 13:40-2.6 establishes the process by which an applicant may use credit earned as a result of military education, training, or experience towards satisfaction of licensure requirements. The current [page=31] rule concerning use of military education, training, or experience are set forth at N.J.A.C. 13:40-2.17. The Board proposes new N.J.A.C. 13:40-2.6(b)2ii to require an applicant formerly in the Armed Forces who did not attend a school accredited by either the Engineering Accreditation Commission or Technology Accreditation Commission of ABET to obtain an evaluation of his or her degree from a Board-approved service or an evaluation from a service chosen by the applicant, which the Board has the discretion to accept. The Board also proposes new N.J.A.C. 13:40-2.6(b)3i allowing an applicant formerly in the Armed Forces to submit, as proof of education, experience, and/or examination passage earned outside of military service, an NCEES record verifying those items. Additionally, the rule allows an applicant to submit an EIT or LSIT certificate to demonstrate education and/or passage of the Fundamentals of Engineering or Fundamentals of Land Surveying examination. Current rules do not address the ability of a military applicant to use an NCEES record or certificate of registration to demonstrate that he or she has met the Board's requirements.

Proposed new N.J.A.C. 13:40-2.7 concerns abandonment of applications and the reapplication process. Existing requirements are set forth in existing N.J.A.C. 13:40-2.3. Proposed new N.J.A.C. 13:40-2.7(a) will make applications valid for no longer than two years. Failure on the part of an applicant to complete the application process within two years will result in the application being deemed abandoned, requiring the applicant to satisfy the eligibility requirements of the rules in effect at the time a new application is submitted. Under the existing rule, an application is valid for five years. The Board is proposing to shorten the timeframe during which the application will be valid in order to ensure that the Board has the most up-to-date information, including criminal history information, about applicants when determining whether to grant a license.

Propose new N.J.A.C. 13:40-2.8 sets forth requirements for biennial licensure renewal. The existing rules concerning renewal are set forth at N.J.A.C. 13:40-2.15. This new rule, as well as the proposed new rules concerning reactivation and reinstatement discussed below, incorporate provisions consistent with recent amendments to the Uniform Enforcement Act, N.J.S.A. 45:1-7.1 et seq. Proposed new N.J.A.C. 13:40-2.8(a) requires the Board to send a notice of licensure renewal 60 days prior to the expiration of the license, which must include information concerning the option to renew as inactive. Proposed new N.J.A.C. 13:40-2.9 addresses reactivation of licenses. The existing requirements for reactivation are set forth at N.J.A.C. 13:40-2.15. Proposed new N.J.A.C. 13:40-2.9(a)3 includes a provision allowing the Board to consider a prorated fee for reactivation, so that a person seeking reactivation with less than a year left in the biennial renewal period will not be charged for a full year. Proposed new N.J.A.C. 13:40-2.9(a)4i provides that an applicant with an active out-of-State license in good standing shall be deemed to have satisfied the Board's continuing professional competency credits, if the applicant submits proof that he or she has completed those requirements in the other jurisdiction. The proposed new rule also provides, at N.J.A.C. 13:40-2.9(a)4ii, that an applicant seeking reactivation in New Jersey will have up to 12 months to complete a specific class, if required by the Board to cure an applicant's practice deficiencies, during the biennial renewal period in which he or she is applying for reactivation. Currently, the Board only requires an additional class or an examination for those reactivation applicants who have been inactive for at least five years. Proposed new N.J.A.C. 13:40-2.9(b) sets forth the process the Board will use to determine that an applicant for reactivation has a practice deficiency in his or her application. The rule provides that the Board will review: the length of time a license has been inactive; employment history; professional history; disciplinary history from any licensing body; actions affecting an applicant's privileges taken by an institution or organization or employer; pending proceedings against the applicant from another licensing body in New Jersey, any other state, the District of Columbia, or any other jurisdiction; and civil litigation related to professional engineering or land surveying that involves an applicant.

Proposed new N.J.A.C. 13:40-2.10 addresses the reinstatement of suspended licenses. The existing requirements for reinstatement are set forth at N.J.A.C. 13:40-2.15. The significant changes contained in the new rule are consistent with the changes discussed above concerning license reactivation.

Proposed new N.J.A.C. 13:40-2.11 addresses licensure by comity. The existing requirements concerning licensure by comity are set forth at N.J.A.C. 13:40-2.16. The Board proposes new N.J.A.C. 13:40-2.11(a)1i, which incorporates provisions from N.J.S.A. 45:1-7.5.d, specifying how the Board will determine "substantial equivalence" for purposes of comparing the licensing standards in other states to New Jersey's requirements. The new rule states that a "substantially equivalent" licensing examination need not be identical to the current examination requirements for professional engineers or land surveyors licensed in New Jersey, but must be nationally recognized and must be of comparable scope and rigor. The Board also proposes new N.J.A.C. 13:40-2.11(a)1ii to incorporate language from N.J.S.A. 45:1-7.5.e, which will permit the Board to consider an applicant's experience to compensate for "substantial equivalence" disparities in education or examination. Notwithstanding this provision, the new rule provides that an applicant must have an undergraduate or graduate degree in the profession for which he or she seeks licensure. New N.J.A.C. 13:40-2.11(a)2, consistent with the provisions of N.J.S.A. 45:1-7.5.a(2), allows licensure by comity if an applicant shows that he or she has practiced as a professional engineer or professional land surveyor, or the equivalent in another state, within the five years prior to applying for licensure in New Jersey. Proposed new N.J.A.C. 13:40-2.11(a)3 expressly requires an applicant to comply with requirements for documentation set forth in N.J.A.C. 13:40-2.11(b), discussed below.

Proposed new N.J.A.C. 13:40-2.11(b)1i, consistent with the provisions of N.J.S.A. 45:1-7.5.c, requires the Board to determine whether an applicant's licenses in other states are in "good standing." "Good standing" is defined to mean: no action has been taken against an applicant by any licensing board; no action that adversely affects an applicant's privileges to practice as a professional engineer or professional land surveyor has been taken by an association or organization or employer; no disciplinary action is pending against an applicant that could affect their privileges to practice his or her profession; all fines levied against an applicant have been paid; and there is no pending or final action by any criminal authority. Proposed new N.J.A.C. 13:40-2.11(b)2 will require an applicant for licensure by comity to designate an agent in New Jersey for service of process if the applicant does not reside or have an office in the State.

New N.J.A.C. 13:40-2.11(c), consistent with the provisions of N.J.S.A. 45:1-7.5.e, provide that the Board may review the experience of an applicant for licensure by comity if the education and examination requirements from the state in which he or she is licensed are not substantially equivalent to those in New Jersey. Under the existing rule, the Board may not consider experience to compensate for education or examination disparities. Under the new rule, the Board may consider: the length of an applicant's experience; whether the applicant was supervised by another individual; the applicant's professional engineer or professional land surveying history; the applicant's employment history; and the applicant's education.

Proposed new N.J.A.C. 13:40-2.11(d), which incorporates provisions of N.J.S.A. 45:1-7.5.f, requires an applicant for licensure by comity to have satisfied applicable prerequisites required for initial licensure in New Jersey. Current rules do not explicitly require an out-of-State applicant to fulfill all applicable prerequisites prior to licensure by comity. The Board is proposing new N.J.A.C. 13:40-2.11(e) to incorporate language from N.J.S.A. 45:1-7.5.h requiring an applicant for licensure by comity to provide the Board, within six months of licensure, documentation verifying his or her education, training, and examination results. The Board will continue to allow a comity applicant to submit an NCEES record verifying this information to demonstrate the requisite proof. Proposed new N.J.A.C. 13:40-2.11(f), which incorporates provisions from N.J.S.A. 45:1-7.5.i, provides that the Board may revoke a license, after a licensee has been given notice and the opportunity to be heard, if the license was obtained through fraud, deception, or misrepresentation. The existing rules do not address the revocation of licensure by comity. Proposed new N.J.A.C. 13:40-2.11(g), which is consistent with the provisions of N.J.S.A. 45:1-7.5.l, provides that the Board, in its discretion, [page=32] may grant a license by comity to an applicant who does not meet the "good standing" requirement in subsection (a).

The Board notes that it proposes for repeal, without replacement, N.J.A.C. 13:40-2.14, concerning language comprehension requirements. The Board's forms, which all applicants must fill out, contain a certification requiring an applicant to attest that he or she can speak and write in English. The Board deems this attestation proof of language comprehension. Similarly, the Board notes that several other existing provisions in Subchapter 2 are proposed for repeal without replacement as new rules. Specifically, the Board proposes to delete the requirement, currently set forth in N.J.A.C. 13:40-2.5(b)3, that requires an applicant for initial licensure as a professional engineer to take the New Jersey law examination since this is not a statutorily-required examination. Additionally, the Board proposes to delete N.J.A.C. 13:40-2.7(a)3 and 4, which require an applicant for initial licensure as a land surveyor to take the New Jersey State-specific examination and the New Jersey law examination, respectively. Similar to applicants for initial licensure as a professional engineer, neither examination is statutorily required of applicants for initial licensure as a professional land surveyor. The Board requires an applicant for licensure to attest that he or she has read and reviewed the requisite State laws, rules, and regulations, and the Board deems that attestation sufficient proof that an applicant understands State law, rules, and regulations, making the law examination requirement unnecessary. Moreover, the Board is streamlining the processes to help create uniformity and consistency between the two professions.

N.J.A.C. 13:40-3 addresses ancillary items involving licensure, including the display of licensure, licensure exemptions, standards of practice, and actions that amount to misconduct. The Board proposes to amend the heading of Subchapter 3, and the heading of N.J.A.C. 13:40-3.1, to eliminate the reference to "licensure requirement" and to instead refer to "prohibitive actions." The Board also proposes to amend N.J.A.C. 13:40-3.4(a), which concerns the release of project records, to add "computer-aided drafting files" to the list of the types of records to be considered part of the work product of engineering and land surveying projects. The Board also proposes to amend N.J.A.C. 13:40-3.5, which enumerates prohibited acts, to add service suppliers as a source from which licensees may not receive compensation or remuneration for recommendations in subparagraph (a)4v. The Board also proposes to add a new prohibition at N.J.A.C. 13:40-3.5(a)4vi to forbid a licensee from compensating or remunerating an individual who recommends that licensee's services to the exclusion of other licensees.

The Board proposes various amendments to N.J.A.C. 13:40-5.1, which establishes requirements for the preparation of land surveys. The Board proposes to amend N.J.A.C. 13:40-5.1(b) to provide that a land surveyor shall not rely solely on the use of tax maps for purposes of defining metes and bounds. The Board proposes this change because tax maps are general, and more specific documentation is required to define metes and bounds. The Board proposes to amend N.J.A.C. 13:40-5.1(d)4 to require the full name of the surveyor or firm responsible for setting the corner to appear on the identifier to ensure accuracy as to the identity of the professional or firm who performed the survey. The Board proposes a similar amendment at N.J.A.C. 13:40-5.1(d)7iii to require the full name of the surveyor or firm responsible for setting the monument. The Board also proposes to amend N.J.A.C. 13:40-5.1(d)7 to update the relevant statutory reference from the existing Map Filing Act set forth at N.J.S.A. 46:23-9.11, to the Recordation Act set forth at N.J.S.A. 46:26B-3.

The Board proposes to amend N.J.A.C. 13:40-5.1(f)7 to require street location and widths of the traveled way to be shown on a plat to clarify what is required on a plat. The Board also proposes to amend N.J.A.C. 13:40-5.1(g)6 by stipulating that metes and bounds are required when a survey is being prepared for the purpose of conveying real property (that is, title transfers, creation of easement, and mortgages). The Board also proposes to amend N.J.A.C. 13:40-5.1(i)1 by adding "creation of easement" as an example in the listed conveyances.

The Board also proposes to amend N.J.A.C. 13:40-5.1(k) by adding that tax assessment maps that are to be submitted and approved by the New Jersey Division of Taxation must be prepared and revised by a professional land surveyor. This is to clarify that only a professional land surveyor can prepare or revise tax maps submitted to the Division of Taxation.

The Board proposes to amend N.J.A.C. 13:40-5.1(m)1 to clarify that monumentation be part of survey information used to determine subdivision plats. The Board also proposes to amend N.J.A.C. 13:40-5.1(m)3 to replace the existing reference to the Map Filing Act with a reference to the Recordation Act, which is the proper statutory citation. The Board also proposes to amend N.J.A.C. 13:40-5.1(n) to add hydrographic and bathymetric data to the kinds of data for which a map must be prepared by a professional land surveyor to show and to remove the requirement that maps containing these types of data must also delineate property lines or street right-of-way lines. The proposed changes clarify that maps showing these types of data are to be prepared by professional land surveyors regardless of the existence of property or street right-of-way lines. The Board also proposes a new subsection (o), which provides that existing flood elevations shall only be certified by a professional land surveyor.

N.J.A.C. 13:40-8.1A discusses the requirements of digital signatures and seals. The Board proposes to amend N.J.A.C. 13:40-8.1A(a)1 to correct the year the Digital Signature Standard was established by the National Institute of Standards and Technology. The Board also proposes to recodify N.J.A.C. 13:40-8.1A(a)1iv as new N.J.A.C. 13:40-8.1A(a)2. As amended, N.J.A.C. 13:40-8.1A(a)2 provides that a digital signature and seal must be linked to a document in such a way that it is evident when a document has been modified. The Board proposes this change to correct a provision that was too restrictive as adopted and to give licensees the ability to use the available technology to be in compliance with the Board's rules. The Board also proposes to amend N.J.A.C. 13:40-8.1A(b) by requiring licensees who digitally sign and seal documents to retain electronic copies of electronically-transmitted documents. The existing language requires that a "digital" copy be retained, which was incorrect terminology.

N.J.A.C. 13:40-8.2 requires title blocks in a specific form on drawings, specifications, and reports and establishes requirements for their removal. The Board proposes new N.J.A.C. 13:40-8.2(f) to prohibit a licensee from adding their title block on a document if it contains the title block of a person or entity not authorized to practice in New Jersey. This is to ensure that a licensee is not complicit in allowing unlicensed practice in the State.

Subchapter 9 concerns licensees in responsible charge of engineering and land surveying work. The Board is proposing to amend the heading of N.J.A.C. 13:40-9.1 to make it clear the rule is applicable to professional engineers. The Board proposes to amend N.J.A.C. 13:40-9.1(a) to incorporate changes made in N.J.S.A. 45-8:28 to the definition of "responsible charge." The Board proposes to amend the rule to require that a "competent professional engineer" will provide the regular and effective supervision required. The Board also proposes to add language to clarify that supervision is to be provided "through personal direction and quality control over" the work of subordinates of the engineer in responsible charge. The Board proposes to amend N.J.A.C. 13:40-9.1(b) by incorporating, pursuant to N.J.S.A. 45:8-28, a requirement that a licensee in responsible charge must retain documentation showing he or she provided regular and effective supervision through personal direction of, and quality control over, subordinates. In light of these changes, the Board proposes to delete N.J.A.C. 13:40-9.1(c)1. The Board proposes to amend recodified N.J.A.C. 13:40-9.1(c)2 to provide that a licensee would not have rendered the required regular and effective supervision if he or she did not provide sufficient direction to, or quality control over, the efforts of subordinates.

The Board proposes new N.J.A.C. 13:40-9.2 to delineate requirements for responsible charge for professional land surveyors, consistent with the requirements set forth above for professional engineers. Requirements for professional land surveyors, however, unlike requirements for professional engineers, continue to require a principal office from which professional services must be rendered.

The Board proposes a technical amendment to N.J.A.C. 13:40-10.1(d), which concerns issuance of certificates of authorization, to delete the reference to "certificate of authority," which is a Division of Revenue reference regarding sales tax, and instead refer to a "certificate of authorization." The Board also proposes a technical amendment to N.J.A.C. 13:40-11.3(d), concerning continuing competency requirements for professional land surveyors, and N.J.A.C. 13:40-12.2(c)1, addressing [page=33] retired licensees, to add "professional" before "land surveying" for consistency throughout the Board's rules.

Subchapter 15 concerns the licensure and regulation of home inspectors by the Home Inspection Advisory Committee (Committee) of the Board. The Board notes that several of the rules in this subchapter are proposed for repeal and replacement with new rules in order to enhance the organization of the subchapter and clarify existing requirements. Those changes are noted below.

The Board notes that it proposes to amend various rules throughout Subchapter 15 to eliminate references to "licensed home inspector" and to instead refer to "licensee," for clarification purposes, as there is now only one class of licensee for home inspectors with the previous elimination of the licensing category of "associate home inspector." The Board also proposes several technical amendments to the definitions set forth in N.J.A.C. 13:40-15.2. The Board proposes to amend the definition of "additional inspection services" to remove the last sentence of the definition as this reiterates the first line of the definition. The Board also proposes to amend the definition of "client's representative" to change the term "attorney at law of the State of New Jersey" to "attorney licensed in the State of New Jersey" to clarify where the attorney is to be licensed. The Board also proposes to amend the definition of "home inspection training report" to incorporate the proper cross-reference, changing it from N.J.A.C. 13:40-5.6(b)4 to 5.6(a)4. The Board also proposes to amend the definition of "home inspector" by updating the cross-reference from N.J.S.A. 45:8-62 to 45:8-61.

N.J.A.C. 13:40-15.10, 15.11, and 15.12 set forth requirements for license renewal, change of license status (inactive to active), and reinstatement of a suspended license. The Board proposes to repeal the existing rules in order to reorder and update the provisions in the rules, consistent with the changes proposed in new Subchapter 2 discussed above. Significant changes to the existing requirements are identified below. Proposed new N.J.A.C. 13:40-15.10(a) requires the Board to send a notice of licensure renewal 60 days prior to the expiration of the license. Proposed new N.J.A.C. 13:40-15.10(f) provides that a licensee engaging in home inspecting while on a suspended license will be deemed to be engaged in unauthorized practice and subject to action, which was part of existing N.J.A.C. 13:40-15.10(d).

Proposed new N.J.A.C. 13:40-15.11, concerning reactivation of licenses, incorporates various provisions set forth at N.J.S.A. 45:1-7.4. Proposed new N.J.A.C. 13:40-15.11(a)3 includes a provision allowing the Committee to consider a prorated fee for reactivation, so that a person seeking reactivation with less than a year left in the biennial renewal period will not be charged for a full year, similar to proposed language for the Board at N.J.A.C. 13:40-2.9(a)3. Proposed new N.J.A.C. 13:40-15.11(a)4 requires applicants for reactivation to submit evidence to substantiate that continuing education requirements for the biennial renewal period immediately prior to the renewal period for which reactivation is sought were satisfied. The rule also provides that an applicant with an active out-of-State license in good standing shall be deemed to have satisfied the Board's continuing education credits if the applicant submits proof that he or she has completed the continuing education requirements in the other jurisdiction. The proposed new rule also provides that an applicant seeking reactivation in New Jersey will have up to 12 months to complete a specific class, if required by the Committee to cure an applicant's practice deficiencies, during the biennial renewal period in which he or she is applying for reactivation.

Proposed new N.J.A.C. 13:40-15.11(b) sets forth the process the Committee will use to determine that an applicant for reactivation has a practice deficiency in his or her application. The rule provides that the Committee will review: the length of time a license has been inactive; employment history; professional history; disciplinary history from any licensing body; actions affecting an applicant's privileges taken by an institution or organization or employer; pending proceedings against the applicant from another licensing body in New Jersey, any other state, the District of Columbia, or any other jurisdiction; and civil litigation related to home inspecting that involves an applicant.

Proposed new N.J.A.C. 13:40-15.12 sets forth requirements for reinstatement of suspended licenses and is consistent with the changes discussed above in connection with the rules for license reactivation.

The Board proposes to amend N.J.A.C. 13:40-15.13(a) to add facsimile and e-mail as other means by which a licensee may send notice of a change of address. The Board also proposes a technical amendment by removing the reference to the State Board of Professional Engineers and Land Surveyors and replacing it with a reference to the Home Inspection Advisory Committee.

N.J.A.C. 13:40-15.14 contains the continuing education requirements for licensed home inspectors in New Jersey. The Board proposes to repeal N.J.A.C. 13:40-15.14 and replace it with a new rule in order to reorganize requirements. Significant changes to existing requirements are noted below. Proposed new N.J.A.C. 15.14(a) requires a licensee to take four units of continuing education in report writing and another four in ethics and the practice of home inspection in the State. The new rule would also require that these eight credits be taken in-person. The existing rules require three units in report writing and three units in ethics, and do not require these classes to be taken in-person. Similarly, proposed new N.J.A.C. 13:40-15.14(b) provides that a person receiving licensure in the second year of a biennial renewal period must complete at least 20 continuing education credits, of which four are to be in report writing and four in ethics and the rules governing home inspection. Those eight credits also must be taken in-person. The new rule also provides that a person licensed within 90 days of the next biennial period will not have to fulfill continuing education requirements.

Proposed new N.J.A.C. 13:40-15.14(c) permits a licensee who completed more than 40 credits of continuing education to carry over up to 10 of the additional credits into the next biennial renewal period, which is substantively similar to the new rule. The existing rule permits credits to be carried over into the next biennial renewal period if they were earned in the last six months of the previous renewal period, which is also substantively similar to the new rule. Proposed new subsection (e) provides that a licensee may earn continuing education credit by developing curriculum for a Committee-approved course, as well as teaching that course. The existing rule permits credit to be earned for such activity only if the course or program is "new," defined to mean that the licensee did not previously teach the course or develop curriculum for the course or program. Proposed new N.J.A.C. 13:40-15.14(e) will allow a licensee affiliated with a New Jersey Department of Education-approved course to earn continuing education credit through supervising a trainee during inspections. The existing rule does not require the licensee to be affiliated with the State's Department of Education in order to obtain credit for this activity.

The Board also proposes new N.J.A.C. 13:40-15.14(f)3 to permit a licensee to earn up to 32 credits of continuing education through online or distance-learning courses and to grant one credit of continuing education for each hour of instruction. The existing rule allows only up to 20 credits of continuing education to be earned through online or distance-learning courses. Proposed new N.J.A.C. 13:40-15.14(f)7 allows a licensee affiliated with a New Jersey Department of Education-approved program to earn up to 16 continuing education units per biennial renewal period for the direct supervision of a trainee during home inspections. The existing rule does not stipulate that the licensee must be affiliated with a State Department of Education-approved program.

N.J.A.C. 13:40-15.15 concerns pre-inspection agreements. The Board proposes to amend N.J.A.C. 13:40-15.15(d) to clarify that an agreement is to be retained once that agreement has been finalized by the client and/or client representative and the home inspector.

N.J.A.C. 13:40-15.16 outlines the standards of practice of home inspectors. The Board proposes various clarifying amendments to the rule, including the addition of various internal and external cross-references, as well as the following substantive changes. Proposed amendments to N.J.A.C. 13:4-15.16(b)14 state that the rules do not require a home inspector to "identify the presence of," or determine the effectiveness of, a system to control hazard substances. The Board also proposes to add new N.J.A.C. 13:40-15.16(b)21, which provides that a licensee shall not be required to inspect, identify, or disclose ancillary electrical devices and/or systems, including Arc Fault Circuit Interrupters, standby generators, and solar panels.

The Board proposes new N.J.A.C. 13:40-15.16(c)2ii(1), which provides that if a client requests an inspector to not inspect a system or component otherwise required to be inspected, or that if a system or [page=34] component could not be observed, the report must note this. The Board proposes this new requirement in order to ensure accuracy in the report, as well as consistency between the pre-inspection agreement and report, if the client or client representative requested a system or component be excluded. The Board proposes to amend N.J.A.C. 13:40-15.16(g) to clarify that a licensee must describe deficiencies of a roof drainage system and flashing, and not the drainage system or flashing themselves. The Board proposes new N.J.A.C. 13:40-15.16(g)3iv to permit the use of drones or similar unmanned aircraft systems to inspect a roof, so long as the licensee is properly licensed or certified under State and Federal law to operate the drone or other unmanned aircraft, in order to incorporate this modern technique used for inspecting homes. Proposed amendments to N.J.A.C. 13:40-15.16(h), which concerns the inspection of plumbing systems, require a licensee to describe the presence of lead water service and/or supply piping in predominant interior water supply and distribution piping materials, in order to ensure the report notes potential health hazards to clients or their representatives.
N.J.A.C. 13:40-15.17 contains the required tools and equipment that all home inspectors must have when conducting home inspections. The Board proposes to amend N.J.A.C. 13:40-15.17(a)2 by removing the candlepower requirement for flashlights since that is an outdated standard. The Board also proposes to amend N.J.A.C. 13:40-15.17(a)9 by removing the magnification specifications, as this too is outdated, and instead require licensees to be equipped with binoculars or other equivalent magnification devices.

The Board proposes several amendments to N.J.A.C. 13:40-15.19, which outlines prohibited practices for home inspectors. The Board proposes to amend N.J.A.C. 13:40-15.19(a)1 to add "renovations, additions, or alterations" to the list of services a licensee may not perform when they or their company has performed a home inspection on the structure. The Board proposes to amend N.J.A.C. 13:40-15.19(a)6 to explicitly state that a client's confidential contact information is part of the information on a report that is not to be released unless the client or client representative has given permission to do so. The Board proposes to amend N.J.A.C. 13:40-15.19(a)17 by adding that it is a prohibited practice to not inspect a system or component without a documented reason why a system or component is excluded from an inspection. The Board proposes to amend N.J.A.C. 13:40-15.19(a)22 to add that is it a prohibited practice to accept a finder's fee or a referral fee from a person in connection with a home inspection.

Existing N.J.A.C. 13:40-15.20, concerning suspension, revocation, or refusal to renew a license, is proposed to be repealed, as its provisions have been incorporated into proposed new N.J.A.C. 13:40-15.10, 15.11, and 15.12, as discussed above.

The Board proposes to repeal existing N.J.A.C. 13:40-15.21 and replace it with new N.J.A.C. 13:40-15.20. This section contains the requirements for licensure as a home inspector by comity, and the proposed requirements are consistent with the provisions discussed above for professional engineers and professional land surveyors at N.J.A.C. 13:40-2.11.

Existing N.J.A.C. 13:40-15.22 concerns additional services that a licensee may provide. The Board proposes to repeal the existing rule and replace it with new N.J.A.C. 13:40-15.21, which the Board believes will provide greater clarity as to the provision of such services. N.J.A.C. 13:40-15.21(a) provides that a licensee may provide the enumerated services only if the licensee has the requisite experience, education, and training, and/or required license or certification. Proposed new N.J.A.C. 13:40-15.21(a)1 adds inspections for wood-destroying insects as part of the additional services an inspector can perform under this provision.
The Board has determined that the comment period for this notice of proposal is 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.

Social Impact

The Board believes that the proposed amendments, new rules, and repeals will have a positive impact on the regulated community by modernizing the practice standards followed by licensed professionals in the State, and making the rules easier to follow, while continuing to safeguard public health, safety, and welfare.

Economic Impact

The proposed amendments, new rules, and repeals will have an economic impact on the regulated community. The Board anticipates that proposed new Subchapter 2 will continue to have an economic impact upon applicants for licensure to the extent that applicants will continue to incur costs associated with submitting applications, which include application fees, examination fees, and transcript fees. The rules will also continue to impose costs on individuals applying to renew, reactivate, or reinstate, or to obtain a license by comity to the extent that such individuals must remit fees and required documentation to establish that they meet the requirements of the subchapter. Additionally, the Board believes that additional costs may be borne by licensees as a result of proposed new requirements in Subchapter 2; specifically, N.J.A.C. 13:40-2.1(a)1i, 2.2(a)1i, 2.3(a)1i, and 2.4(a)1i, which require applicants who graduated from a non-ABET accredited program to have their education evaluated. Furthermore, N.J.A.C. 13:40-2.1(b)1i and ii, 2.2(b)1i through v, 2.3(b)1i and ii, and 2.4(b)1i, ii, iv, and v, may impose additional costs on applicants seeking a certificate of registration or licensure who submit a NCEES record to satisfy certain requirements of the application process, including education received, passage of examinations, and work experience gained. However, the Board believes the convenience the rules provide to applicants will offset the financial costs applicants may incur in complying with these requirements.

The Board also anticipates that proposed new N.J.A.C. 13:40-2.7, which amends the date after which an application will be deemed abandoned, from five years to two years, may impose additional costs on an applicant. When an application is submitted to the Board, it must be accompanied by a non-refundable application fee and required documents. The proposed amendment narrows the window during which an application is valid. An applicant who fails to complete the application process during this two-year window may incur costs to reapply. The Board believes that this cost will be outweighed by the benefit to the Board in ensuring, as noted in the Summary above, that it has the most up-to-date information, including criminal history information, about applicants when determining whether to grant a license.

The proposed amendments to N.J.A.C. 13:40-9.1 and new N.J.A.C. 13:40-9.2 will have an economic impact on professional engineers and professional land surveyors operating as the licensee in responsible charge of a project to the extent that they incur costs to personally direct, or have quality control over, the efforts of subordinates.

Proposed new N.J.A.C. 13:40-15.10, 15.11, and 15.12 will continue to impose costs on applicants seeking licensure renewal, changes in license status, and reinstatement of a suspended license. Licensees may incur costs to submit the required applications, and supporting documentation, if required, and must remit the appropriate fees. N.J.A.C. 13:40-15.14 continues to require the completion of 40 continuing education units per biennial renewal cycle, and continues to require sponsors to pay a fee for submission of courses and programs for review by the Committee. N.J.A.C. 13:40-15.20 will continue to impose costs on applicants seeking licensure by comity, as such applicants may incur costs to submit required documentation, and pay the required fees. N.J.A.C. 13:40-15.21 sets forth the additional services a licensed home inspector may provide, which may result in costs to licensees, if they are required to obtain additional training, education, or licenses and/or certifications in order to perform the services. The Board believes that any costs that may be incurred by licensees will be outweighed by the benefit to the general public in ensuring that these services are only performed by qualified professionals.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments, new rules, and repeals are subject to State statutory requirements and are not subject to any Federal requirements or standards.

Jobs Impact

The Board believes that the proposed amendments, new rules, and repeals will not result in the generation or loss of jobs in the State.

Agriculture Industry Impact

The Board believes that the proposed amendments, new rules, and repeals will not have an impact on the agriculture industry in the State.

[page=35] Regulatory Flexibility Analysis

Currently, the Board licenses approximately 18,479 professional engineers, 847 land surveyors, and 883 home inspectors. If, for the purposes of the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., Board licensees are considered "small businesses," then the following analysis applies.
Proposed new Subchapter 2 contain numerous compliance and reporting requirements for persons applying to take examinations to be certified as engineers-in-training or land surveyors-in-training or licensed as professional engineers or professional land surveyors. As set forth in N.J.A.C. 13:40-2.1 through 2.11, applicants must meet prescribed eligibility requirements and submit application forms with either an NCEES record or supporting documentation that includes: transcripts, at least three references from people who have personal knowledge of the applicant's engineering or surveying experience, education, or training, and proof of practical experience under the regular and effective supervision of a licensed professional. Applicants are also required to pay application and examination fees, and verify that the Board has received all of the required materials. If approved to sit for an examination, applicants are required to notify the Board of the date they intend to take the examination. An individual whose application is deemed abandoned because he or she failed to complete the application process is required to re-submit an application and application fee to the Board, and abide by the eligibility requirements applicable at the time of the new application. The reapplication form must also be accompanied by an NCEES record or supporting documentation by the deadline prescribed in the new application packet.

An applicant who has received a degree from a college or university that is not accredited by the Accreditation Board for Engineering and Technology must obtain, at his or her own expense, and submit to the Board, a detailed evaluation of his or her degree from a transcript review service that is approved by the Board or by a review service chosen by the applicant, which the Board has discretion to approve. In complying with the above rules, applicants may be required to remit the appropriate fees to have transcripts transmitted to the Board from educational institutions. Additionally, applicants may be required to contract and pay for professional services, which could include testing and translation services and transcript review services.

The rules in Subchapter 2 will also impose various compliance requirements upon licensees seeking to renew or reactivate a license, those seeking to reinstate a suspended license, or those seeking to be licensed in New Jersey by comity. Licensees and applicants will be required to submit applications, with supporting documentation, where required, remit the relevant fees, and in some instances, will be required to pass an examination or enroll in a course to cure a deficiency in their application.

The proposed amendment to N.J.A.C. 13:40-3.5 will impose compliance requirements upon licensees to the extent that the amendment will preclude a licensee from compensating or providing remuneration to any party for specifying the licensee's services to the exclusion of other licensees. As proposed for amendment, N.J.A.C. 13:40-5.1 will continue to impose various compliance requirements for the preparation of land surveys and the setting of property corner markers.

As proposed for amendment, N.J.A.C. 13:40-8.1A continues to impose compliance requirements upon licensees for signing and sealing documents and title blocks, including requiring professional engineers and land surveyors to sign and seal various documents in the manner enumerated in the rule.

The proposed amendments to N.J.A.C. 13:40-9.1 and new N.J.A.C. 13:40-9.2 will impose compliance and recordkeeping requirements upon licensees who are in responsible charge of a project, requiring them to exercise regular and effective supervision over individuals performing services that affect the quality of the work rendered by the licensee and to maintain records of such supervision, and to maintain accurate records of supervision.

The proposed amendments to the rules in Subchapter 15 will continue to impose compliance, reporting, and recordkeeping requirements for home inspector licensees seeking to renew their licenses, those seeking to change their license status, and those seeking to reinstate a suspended license. Proposed new N.J.A.C. 13:40-15.14 continues to impose compliance and recordkeeping requirements related to continuing education for licensees and sponsors of continuing education programs, including the completion of 40 continuing education credits by licensees during each biennial licensing period. This includes the requirement that four credits on report writing and four credits on ethics and the rules governing home inspection in New Jersey be taken each biennial renewal period in-person. N.J.A.C. 13:40-15.20 will continue to impose compliance requirements on applicants seeking licensure by comity. N.J.A.C. 13:40-15.21 will impose compliance requirements upon home inspection licensees seeking to provide the additional inspection to the extent that licensees may only provide those services if they have the requisite experience, education, and training, or other required licensure.

No additional professional services will be needed to comply with the proposed amendments, new rules, and repeals, except as noted above. The Board believes the proposed amendments, new rules, and repeals are necessary to promote and protect the public welfare; thus, the Board has provided no differing or lesser standards for small businesses.

Housing Affordability Impact Analysis

The proposed amendments, new rules, and repeals will have an insignificant impact on the affordability of housing in New Jersey and it is extremely unlikely that the rules would evoke a change in the average costs associated with housing because the proposed amendments, new rules, and repeals concern the practice of professional engineering, professional land surveying, and home inspecting in the State of New Jersey.

Smart Growth Development Impact Analysis

The proposed amendments, new rules, and repeals will have an insignificant impact on smart growth development and it is extremely unlikely that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments, new rules, and repeals concern the practice of professional engineering, professional land surveying, and home inspecting in the State of New Jersey.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The proposed amendments, new rules, and repeals concern the application process and licensure requirements for applicants overseen by the Board of Professional Engineers and Land Surveyors, as well as the Home Inspection Advisory Committee. The proposed amendments, new rules, and repeals also modernizes current rules, so they reflect current practices. As a result, the proposed amendments, new rules, and repeals will have no impact on pretrial detention, sentencing, probation, or parole policies concerning juveniles and adults in New Jersey.

Regulations

Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:40-2, 15.10, 15.11, 15.12, 15.14, 15.20, and 15.21.

Full text of the proposed amendments and new rules follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 1.   PURPOSE AND SCOPE; DEFINITIONS
13:40-1.3   Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"ABET" means the Accreditation Board for Engineering and Technology.

. . .

"Certificate of Authorization" means a certificate issued by the Board to a general business corporation or a limited liability company to allow the practice of professional engineering and/or professional land surveying pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.

. . .

"NCEES" means the National Council of Examiners for Engineering and Surveying.

. . .

["Responsible charge" means the rendering of regular and effective supervision by a competent professional engineer or professional land surveyor to those individuals performing services that directly and [page=36] materially affect the quality and competence of the professional services rendered by the licensee.]

. . .

SUBCHAPTER 2.             LICENSURE REQUIREMENTS AND APPLICATION PROCESSES

13:40-2.1          Engineers-in-training: eligibility requirements and application process

(a) To be eligible for a certificate of registration as an engineer-in-training, an applicant:

1. Shall demonstrate graduation from a program with a bachelor's degree in engineering that is accredited by the Engineering Accreditation Commission of ABET, Inc., or graduation from a program with a bachelor's degree in engineering technology that is accredited by the Technology Accreditation Commission of ABET, Inc.

i. An applicant with a degree from a college or university that is not accredited by ABET shall obtain, at his or her own expense, and submit to the Board, a detailed evaluation of his or her degree from a credential evaluation service approved by the Board or from a credential evaluation service chosen by the applicant, which the Board shall have the discretion to accept;

2. Shall demonstrate passage of Part F--Fundamentals of Engineering, which may be waived by the Board pursuant to N.J.A.C. 13:40-2.5; and

3. Seeking credit for military education, training, or experience shall follow the procedure set forth in N.J.A.C. 13:40-2.6.

(b) An applicant for a certificate of registration as an engineer-in-training shall have the following submitted:
1. A completed and notarized application, which includes:

i. Proof of education verified by the submission of an official transcript, sent to the Board by the institution or institutions at which the applicant studied, indicating that the applicant satisfied the educational requirements in either engineering or engineering technology. An applicant may satisfy this requirement if he or she submits an NCEES record that includes verification of education acceptable to the Board; and

ii. A minimum of three references from persons who have personal knowledge of the applicant's engineering education, experience, or training, one of whom shall be a licensed professional engineer in the United States. References from relatives of the applicant or current Board members shall not be accepted. An applicant may satisfy this requirement by submitting an NCEES record that includes verification of references acceptable to the Board; and

2. The application fee set forth at N.J.A.C. 13:40-6.1(a)1.

(c) The applicant shall be responsible for verifying the receipt by the Board of all required materials listed in (b)1 and 2 above.

13:40-2.2          Professional engineers: eligibility requirements and application process

(a) To be eligible for licensure as a professional engineer, an applicant:

1. Shall demonstrate graduation from a program with a bachelor's degree in engineering that is accredited by the Engineering Accreditation Commission of ABET, Inc., or graduationfrom a program with a bachelor's degree in engineering technology that is accredited by the Technology Accreditation Commission of ABET, Inc.;

i. An applicant with a degree from a college or university that is not accredited by ABET shall obtain, at his or her own expense, and submit to the Board a detailed evaluation of his or her degree from a credential evaluation service approved by the Board or from a credential evaluation service chosen by the applicant, which the Board will have the discretion to accept;

2. Shall demonstrate passage of Part F--Fundamentals of Engineering, which may be waived by the Board pursuant to N.J.A.C. 13:40-2.5;

3. Shall demonstrate passage of Part P--Principles and Practice of Engineering;

4. Shall demonstrate four years of professional experience for graduates of engineering programs or six years of professional experience for graduates of engineering technology programs, under the regular and effective supervision of a licensed professional engineer consistent with the requirements of N.J.S.A. 45:8-28(b), two years of which shall be obtained in the United States. Professional experience should demonstrate to the Board that the applicant is competent to design and supervise engineering projects and works to insure the safety of life, health, and property.

i. Experience prior to graduation from a program pursuant to (a)1 above shall be evaluated by the Board on a case-by-case basis, if the experience is gained under the regular and effective supervision of a licensed professional engineer and if the applicant has passed the appropriate technical courses needed to perform the work experience.

ii. An applicant who has completed a master's or doctorate degree in engineering may obtain credit for one year of the required professional experience. An applicant who completed both master's and doctorate degrees may obtain credit for two years of the required professional experience.

(1) If any portion of the curriculum completed by the applicant as part of a master's or doctorate degree, or both, is required to be considered by the Board in order for the applicant to meet the minimum education standard required for licensure, the applicant shall not also receive experience credit for such education.

iii. Teaching experience may substitute for up to two years of engineering experience. The teaching experience shall be in engineering or engineering-related courses taught in the junior or senior years or in a graduate program at a college or university offering an engineering program of four years or more acceptable to the Board; and

5. Seeking credit for military education, training, or experience shall follow the procedure set forth in N.J.A.C. 13:40-2.6.

(b) An applicant for the Principles and Practice of Engineering examination or licensure as a professional engineer must have the following submitted:

1. A completed and notarized application, which includes:

i. A description of professional experience pursuant to (a)4 above. An applicant may satisfy this requirement if he or she submits an NCEES record that includes a verification of experience acceptable to the Board;

ii. Proof of education verified by the submission of an official transcript, sent to the Board by the institution or institutions at which the applicant studied, indicating that the applicant satisfied the educational requirements in either engineering or engineering technology. An applicant may satisfy this requirement if he or she submits either an NCEES record that includes verification of education acceptable to the Board or an engineer-in-training certificate issued by the Board pursuant to N.J.A.C. 13:40-2.1;

iii. Proof of passage of Part F--Fundamentals of Engineering, unless the Board approved an applicant's waiver pursuant to N.J.A.C. 13:40-2.5. An applicant may satisfy this requirement if he or she submits either an NCEES record that includes verification of the passage of the examination or an engineering-in-training certificate issued by the Board pursuant to N.J.A.C. 13:40-2.1;

iv. An applicant who has passed Part P--the Principles and Practices of Engineering shall submit proof of passage of the examination. An applicant may meet this requirement if he or she submits an NCEES record that includes verification of passage; and

v. A minimum of five references from persons who have personal knowledge of the applicant's experience or training, three of whom shall be licensed professional engineers in the United States. References must be included from professional engineers in responsible charge of the work constituting the minimum experience required for licensure. Special circumstances may be considered by the Board at the time of application in such cases where a licensed professional engineer in responsible charge of the work being claimed by the applicant is not available. An applicant may satisfy this requirement by submitting an NCEES record that includes verification of references acceptable to the Board;

[page=37] 2. The application fee set forth in N.J.A.C. 13:40-6.1(a)1; and

3. The applicant shall be responsible for verifying the receipt by the Board of all required materials listed in (b)1 and 2 above.

13:40-2.3          Surveyors-in-training: eligibility requirements and application process

(a) To be eligible for a certificate of registration as a land surveyor-in-training, an applicant:

1. Shall demonstrate graduation from a program with a bachelor's degree in land surveying that is accredited by the Technology Accreditation Commission of ABET, Inc.

i. An applicant with a degree from a college or university that is not accredited by ABET shall obtain, at his or her own expense, and submit to the Board, a detailed evaluation of his or her degree from a credential evaluation service approved by the Board or from a credential evaluation service chosen by the applicant, which the Board will have the discretion to accept;

2. Shall demonstrate passage of Part F--Fundamentals of Land Surveying; and

3. Seeking credit for military education, training, or experience shall follow the procedure set forth at N.J.A.C. 13:40-2.6.

(b) An applicant for a certificate of registration as a land surveyor-in-training shall have the following submitted:

1. A completed and notarized application, which includes:

i. Proof of education verified by the submission of an official transcript, sent to the Board by the institution or institutions at which the applicant studied, indicating that the applicant satisfied the educational requirements in land surveying. An applicant may satisfy this requirement if he or she submits an NCEES record that includes verification of education acceptable to the Board; and

ii. A minimum of three references from persons who have personal knowledge of the applicant's land surveying education, experience, or training, one of whom shall be a licensed professional land surveyor in the United States. References from relatives of the applicant or current Board members shall not be accepted. An applicant may satisfy this requirement by submitting an NCEES record that includes verification of references acceptable to the Board; and

2. The application fee set forth at N.J.A.C. 13:40-6.1(a)1.

(c) The applicant shall be responsible for verifying the receipt of all required materials listed in (b)1 and 2 above by the Board.

13:40-2.4          Professional land surveyor: eligibility requirements and application process

(a)To be eligible for licensure as a professional land surveyor, an applicant:

1. Shall demonstrate graduation from a program with a bachelor's degree in land surveying that is accredited by the Technology Accreditation Commission of ABET, Inc.

i.An applicant with a degree from a college or university that is not accredited by ABET shall obtain, as his or her own expense, and submit to the Board, a detailed evaluation of his or her degree from a credential evaluation service approved by the Board or from a credential evaluation service chosen by the applicant, which the Board will have the discretion to accept;

2. Shall demonstrate passage of Part F--Fundamentals of Land Surveying;

3. Shall demonstrate passage of Part P--Principles and Practices of Land Surveying;

4. Shall demonstrate three years of professional experience gained in the United States under the regular and effective supervision of a licensed professional land surveyor and consistent with the requirements of N.J.S.A. 45:8-28(e), which shall include land surveying experience that the Board determines has demonstrated increased responsibility and technical expertise over time.

i. Experience prior to graduation from a Board-approved program shall be evaluated by the Board on a case-by-case basis if the experience is gained under the regular and effective supervision of a licensed land surveyor and if the applicant has passed the appropriate technical courses needed to perform the work experience.

ii. An applicant who has completed a master's or doctorate degree in land surveying may obtain credit for one year of the required professional experience. An applicant who completed both master's and doctorate degrees may obtain credit for two years of the required professional experience.

(1) If any portion of the curriculum completed by the applicant as part of a master's or doctorate degree, or both, is required to be considered by the Board in order for the applicant to meet the minimum education standard requirement for licensure, the applicant shall not also receive experience credit for such education.

iii. Teaching experience may substitute for up to two years of land surveying experience. The teaching experience shall be in land surveying or land surveying-related courses taught in the junior or senior year or in a graduate program at a college or university offering a land surveying program of four years or more, acceptable to the Board; and

5. Seeking credit for military education, training, or experience shall follow the procedure set forth at N.J.A.C. 13:40-2.6.

(b)An applicant for licensure as a professional land surveyor shall have the following submitted to the Board:

1.A completed and notarized application, which includes:

i. A description of professional experience pursuant to (a)5 above. An applicant may satisfy this requirement if he or she submits an NCEES record that includes a verification of experience acceptable to the Board;

ii. Proof of education verified by the submission of an official transcript, sent to the Board by the institution or institutions at which the applicant studied, indicating that the applicant satisfied the educational requirements in land surveying. An applicant may satisfy this requirement if he or she submits either an NCEES record that includes verification of education acceptable to the Board or a surveyor-in-training certificate issued by the Board pursuant to N.J.A.C. 13:40-2.3;

iii. Proof of passage of Part F--Fundamentals of Land Surveying. An applicant may satisfy this requirement if he or she submits either an NCEES record that includes verification of the passage of the examination or a surveyor-in-training certificate issued by the Board pursuant to N.J.A.C. 13:40-2.3;

iv. Proof of Passage of Part P--the Principles and Practices of Land Surveying. An applicant may satisfy this requirement if he or she submits an NCEES record that includes verification of passage; and

v. A minimum of five references from persons who have personal knowledge of the applicant's experience or training, three of whom shall be licensed professional land surveyors in the United States. References must be included from professional land surveyors in responsible charge of the work constituting the minimum experience required for licensure. Special circumstances may be considered by the Board at the time of application in such cases where a licensed professional land surveyor in responsible charge of the work being claimed by the applicant is not available. An applicant may satisfy this requirement by submitting an NCEES record that includes verification of references acceptable to the Board;

2. The application fee set forth in N.J.A.C. 13:40-6.1(a)1; and

3. The applicant shall be responsible for verifying the receipt of all required materials listed in (b)1 and 2 above by the Board.

13:40-2.5          Waiver of Fundamentals of Engineering examination

The Fundamentals of Engineering portion of the licensure examination may be waived, provided that, in addition to meeting the education requirements set forth at N.J.A.C. 13:40-2.2, an applicant has an additional 15 years or more experience in engineering work that the Board determines is consistent with the requirements of N.J.S.A. 45:8-2.8(b). Eight of those years shall have been gained in the United States or acquired while working for a United States-based firm. Experience shall include engineering design experience demonstrating increased responsibility over time. All experience shall be gained under the regular and effective supervision of a licensed professional engineer.

[page=38] 13:40-2.6  Credit towards licensure or certification for education, training, and experience received while serving as a member of the Armed Forces

(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure or certificate of registration under this subchapter may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure or certificate of registration, as appropriate.

(b) The Board shall issue a license or certificate of registration, as appropriate, to the applicant, if the applicant presents evidence to the Board that:

1.The applicant has been honorably discharged from active military service;

2.The relevant training, experience, and education the applicant has received in the military, together with any education, training, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure or certification under this subchapter.

i. An applicant seeking credit for military training and experience shall submit to the Board, the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.

ii. An applicant seeking credit for education courses and/or training completed while in the military who does not hold a degree from an engineering or land surveying program accredited by the Engineering Accreditation Commission or Technology Accreditation Commission of ABET, Inc. shall submit to a credential evaluation service approved by the Board or to a credential evaluation service chosen by the applicant, which the Board will have the discretion to accept, a Joint Services Transcript of his or her education and training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to an ABET, Inc. accredited program. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses and/or training relevant to the practice of engineering or land surveying, as applicable, that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and

3. The applicant complies with all other requirements for licensure or certification under this subchapter, as appropriate, including, but not limited to, successful completion of any examination or examinations required for licensure or certification.

i. An applicant who formerly served in the Armed Forces may satisfy the requirement for verification of education, examination, and/or experience by submitting to the Board an NCEES record as proof. An applicant may also submit an EIT or LSIT certificate to demonstrate education and/or passage of the Fundamentals of Engineering or Fundamentals in Land Surveying examination.

(c) An applicant shall be responsible for providing timely and complete evidence of the education, training, and experience gained in the military for review and consideration.

(d)If the applicant's military training, education, and experience, or a portion thereof, is deemed not to be substantially equivalent to that required for licensure or certificate of registration, as appropriate, the Board shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under this subchapter for the issuance of the license or certificate of registration.

(e)Satisfactory evidence of such education, training, and experience shall be assessed on a case-by-case basis.

13:40-2.7          Application; reapplication

(a) All applications shall be valid for two years from the date the application is received by the Board. If the application process is not complete after two years, the application shall be deemed abandoned.

(b) An applicant whose application has been deemed abandoned may reapply and shall satisfy the eligibility requirements of the rules applicable at the time of the new application.

13:40-2.8          Biennial license renewal

(a)The Board shall send a notice of renewal to each licensee at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the licensee is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.

(b)A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:40-6.1, prior to the date of license expiration.

(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of professional engineering or professional land surveying , or hold themselves out as eligible to engage in the practice of professional engineering or professional land surveying , in New Jersey until such time as the license is returned to active status.

(d)If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration, by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:40-6.1. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.

(e)A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.

(f) A licensee who continues to engage in the practice of professional engineering or professional land surveying with a suspended license shall be deemed to be engaging in the unauthorized practice of professional engineering or professional land surveying and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.

13:40-2.9          Reactivation of license

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:40-2.8(c) may apply to the Board for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit:
1. A renewal application;

2. A certification of employment listing each job held during the period the license was inactive, which shall include the name, address, and telephone number of each employer;

3. The renewal fee for the biennial period for which reactivation is sought, as set forth in N.J.A.C. 13:40-6.1 or, in the discretion of the Board, a prorated fee if there is less than one year remaining in the biennial renewal period; and

4. Evidence of having completed all continuing competency credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:40-12 or 13.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of professional engineering or professional land surveying and submits proof of having satisfied that state's continuing competency requirements for that license shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing competency requirements, the requirements of this paragraph shall apply.

[page=39] ii. To the extent that specific courses are required to satisfy the continuing competency requirement for, or are required to have been satisfied prior to, the biennial period for which reactivation is sought, the Board will allow applicants to take the courses within 12 months following reactivation. If the Board concludes, in accordance with (b) below, that there are practice deficiencies in need of remediation, (b) below shall apply.

(b) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Board may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reactivation of licensure to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Board determines is necessary to assure that the applicant practices with reasonable skill and safety. The Board, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board shall consider the following non-exhaustive issues:

1. Length of time license was inactive;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing body;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of professional engineering, land surveying, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdictions;

6. Pending proceedings against a professional or occupational license issued to the licensee by a professional licensing body in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7. Civil litigation related to the practice of professional engineering, land surveying, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:40-2.10        Reinstatement of suspended license

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:40-2.8 may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:

1. A reinstatement application;

2. A certification of employment listing each job held during the period of suspended license, which includes the names, addresses, and telephone numbers of each employer;

3. The renewal fee for the biennial period for which reinstatement is sought;

4. The unpaid renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;

5. The reinstatement fee set forth in N.J.A.C. 13:40-6.1; and

6. Evidence of having completed all continuing competency credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:40-12 or 13.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of professional engineering or professional land surveying and submits proof of having satisfied that state's continuing competency requirements for that license, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing competency requirements, the requirements of this paragraph shall apply.

ii. To the extent that specific courses are required to satisfy the continuing competency requirement for, or are required to have been satisfied prior to, the biennial period for which reinstatement is sought, the Board will allow applicants to take the courses within 12 months following reinstatement. If the Board concludes, in accordance with (b) below, that there are practice deficiencies in need of remediation, (b) below shall apply.

(b) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Board may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements, as determined by the Board, prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant as a condition of reinstatement of licensure to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations, as the Board determines is necessary to assure that the applicant practices with reasonable skill and safety. The Board, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board shall consider the following non-exhaustive issues:

1. Length of time license was suspended;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing body;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of professional engineering, land surveying, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;

6. Pending proceedings against a professional or occupational license issued to the licensee by a professional licensing body in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7. Civil litigation related to the practice of professional engineering, land surveying, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:40-2.11        Licensure by comity

(a) Upon receipt of a completed application and application fee, the Board shall issue a license to any person who documents that the person holds a valid, current corresponding license in good standing by another state, if:

1. The Board determines the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to current Board standards.

i. "Substantially equivalent" examination need not be identical to the current examination requirements for professional engineers or land surveyors licensed in New Jersey but such examination shall be nationally recognized and of comparable scope and rigor.

ii. An applicant's experience may be considered by the Board to compensate for disparity in substantial equivalence in education and examination requirements. However, the applicant must have either an undergraduate or graduate degree in engineering, engineering technology, or land surveying;

2. The applicant practiced as a professional engineer or professional land surveyor or the equivalent in another state within five years prior to the date of the application; and

3. The requirements of (b) below have been satisfied.

(b) Prior to issuing a license, the Board shall have received or obtained the following:

1. Documentation reasonably satisfactory to the Board demonstrating the applicant's license from each state in which the applicant is licensed is in good standing.

i. "Good standing" means the following:

[page=40] (1) No action has been taken against the applicant's license by any licensing board;

(2) No action adversely affecting the applicant's privileges to practice as a professional engineer or professional land surveyor has been taken by any out-of-State institution, organization, or employer;

(3) No disciplinary proceeding is pending that could affect the applicant's privileges to practice professional engineering or professional land surveying;

(4) All fines levied by any out-of-state board have been paid; and

(5) There is no pending or final action by any criminal authority for violation of law, rule, or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, this State, or any other state, including, but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or an offense involving any controlled dangerous substance or controlled dangerous substance analog; and

2. Designation of an agent in New Jersey for service of process, if the applicant does not reside nor have an office in this State.

(c) If the education and examination requirements in the state in which the applicant is licensed are not substantially equivalent to the Board's current standards as required in (a) above, the Board shall consider an applicant's individual experience to compensate for such disparity. In making a determination whether an applicant's experience would compensate for such disparity in substantial equivalence in education or examination, the Board shall consider the following:

1. The applicant's length of experience;

2. Whether the experience was supervised by another individual;

3. The applicant's professional engineering or professional land surveying history;

4. The applicant's employment history; and

5. The applicant's education.

(d) An applicant shall satisfy, or shall have satisfied, all applicable prerequisites required for initial licensure in this State.

(e) Not later than six months after the issuance of a license, an applicant shall provide the Board with evidence reasonably satisfactory to the Board verifying an applicant's education, training, and examination results. An applicant may satisfy the requirement for verification of education, examination, and experience by submitting to the Board an NCEES record as proof.

(f) The Board, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.

(g) The Board may grant a license to an applicant seeking reciprocity who holds a license from another state who does not meet the good standing requirements of (a) above due to a pending action by a licensing board; a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice, a pending disciplinary proceeding; or a pending criminal charge or arrest for a crime, provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest, assuming it is true, does not demonstrate a serious inability to practice professional engineering or professional land surveying; adversely affect public health, safety, and welfare; or result in economic or physical harm to a person; or create a significant threat of such harm.

SUBCHAPTER 3.   [LICENSURE REQUIREMENT] PROHIBITED ACTIONS; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT

13:40-3.1   [Licensure requirement] Prohibited actions; issuance and display of certificate; advertising

(a)-(h) (No change.)

13:40-3.4   Release of project records

(a) As used in this section, the term "records" whether electronic, digital, or in written form, shall include, but not be limited to, any plans, reports, documents, field notes, computer-aided drafting files, or other items of work product generated for an engineering or land surveying project as contractually defined, which would be reasonably necessary to the completion of the project for which the professional engineer or professional land surveyor was originally retained.

(b)-(d) (No change.)

13:40-3.5   Enumeration of prohibited acts

(a) Misconduct in the practice of professional engineering or professional land surveying shall include, without limitation:

1.-3. (No change.)

4. Engaging in any activity [which] that involves him or her in a conflict of interest, including without limitation:

i. A licensee shall inform his or her client or employer of any business connection, interest, or circumstance [which] that might be deemed as influencing his or her judgment or the quality of his or her services to the client or employer.

ii. When in public service as a member, advisor, or employee of a governmental agency, a licensee shall not participate in the deliberations or actions of such agency with respect to services rendered, or to be rendered, by the licensee or any firm or organization with which he or she is associated in private practice.

iii. A licensee shall not solicit or accept a professional contract from a governmental agency upon which a principal, officer, or employee of his or her firm or organization serves as a member, advisor, or employee.

iv. (No change.)

v. A licensee shall not accept compensation or remuneration, financial or otherwise, from service, material, or equipment suppliers for specifying their services or products.

vi. A licensee shall not compensate or remunerate, financially or otherwise, any party for specifying that licensee's services to the exclusion of other licensees.

[vi.] vii. (No change in text.)

5.-14. (No change.)

SUBCHAPTER 5.   PROFESSIONAL LAND SURVEYORS; PREPARATION OF LAND SURVEYS

13:40-5.1   Professional land surveyors; preparation of land surveys

(a) (No change.)

(b) Prior to conducting a survey, the licensed professional land surveyor shall obtain all pertinent information and documentation in the client's possession relative to the property to be surveyed. Such information may include, but not be limited to, earlier surveys, record deeds, title reports, original tract maps, public records, and State, county, or municipal maps. When such information provided is not sufficient to meet the owner's needs, the surveyor shall make all reasonable efforts to obtain all information and documentation needed to render an accurate survey,but shall not rely on a tax map for purposes of defining metes and bounds.

(c) (No change.)

(d) Appropriate corner markers, such as stakes, iron pipes, cut crosses, monuments, and such other markers as may be authorized [by] under (d)2 below, shall be set either by the licensed professional land surveyor or under the supervision of the licensed professional land surveyor. Such markers shall be set at each property corner not previously marked by a property marker, unless the actual corner is not accessible, or unless a written waiver signed by the ultimate user and witnessed by a person other than a professional land surveyor is obtained as set forth in N.J.A.C. 13:40-5.2. The failure to obtain a waiver when corner markers are not set shall be considered professional misconduct. Any violation of this subsection shall subject the licensee to a penalty of not more than $ 2,500 for each violation.

1.-3. (No change)

4. In all cases listed in (d)2 above, the marker shall be identified with a durable cap, disc, shiner, or other appropriate identifier, bearing the full name of the surveyor or firm responsible for setting the corner.

5.-6. (No change.)

7. Monuments, where required to be set pursuant to the "[Map Filing Law] Recordation Act" at N.J.S.A. [46:23-9.11] 46:26B-3, shall be:

i.-ii. (No change.)

iii. Identified with a durable cap, disc, or shiner bearing the full name of the surveyor or firm responsible for setting the monument.

[page=41] 8.-10. (No change.)

(e) (No change.)

(f) The items that must always be shown are:

1.-6. (No change.)

7. Street and street names and location and widths of the traveling way, when such streets abut or adjoin the property in question. If the street is not open, the survey should so indicate;

8.-10. (No change.)

(g) Notwithstanding any other provisions of [these rules] this subchapter to the contrary, the following items may be omitted where contractual agreements with the client so provide:

1.-5. (No change.)

6. Metes and bounds description of the property, except when the survey is being prepared for the purpose of conveyance of real property (title transfer, creation of easement, or mortgage).

(h) (No change.)

(i) Upon completing the plat or plan of survey, the licensed professional land surveyor shall provide the client an agreed upon number of prints of the survey drawing. Such print copies of the plat or plan of survey shall bear the signature and impression seal of the license professional land surveyor. Certification by the licensed professional land surveyor may be given when requested by the client.

1. The licensed professional land surveyor shall also supply a description of the property surveyed when the survey is to be used for conveyancing (title transfer, creation of easement, or mortgage). This description must be suitable for use in a deed. The description shall be by metes and bounds or by reference to a filed plan, block, and lot. If a filed plan, block, and lot is utilized, the entire title of the filed plan shall be set forth along with, the filed plan number and the date on which the plan was recorded in the office of the County Recording Officer. If there is any deviation from the filed plan to the completed survey, a description by filed plan, block, and lot, shall not be utilized. The deed description shall be consistent with both the survey provided and the documentation upon which the survey was based and shall be written in such a manner as to define the boundary lines of real property unambiguous and sufficient for a surveyor to lay it out on the ground. This description may be reproduced on the survey plat itself or may be by separate document. If the deed description is provided on the survey plat, it must be titled "Deed Description." If a separate document is provided, the description shall be signed and sealed by the licensed professional land surveyor responsible for its preparation.

2. (No change.)

(j) (No change.)

(k) Tax assessment maps for submission to and approval by the New Jersey Division of Taxation must be prepared and revised by a licensed professional land surveyor, who is obligated to prepare and revise such maps in full compliance with the legal requirements pertaining to such maps.

(l) (No change.)

(m) Subdivision plats, whether classified as major or minor, preliminary or final, shall be prepared by a licensed professional land surveyor and shall be based on a new or existing current and accurate survey of the property being subdivided.

1. The licensee shall provide appropriate survey information,including monumentation, as set forth above, to permit a subsequent licensed professional land surveyor to accurately lay out newly described lots.

2. (No change.)

3. In all instances, including where deeds are used to record minor subdivisions and/or where an existing plat or plan of survey is used, only the licensee who prepared the boundary map on which the subdivision is based may provide the certification on the subdivision plat that the boundary survey is accurate and was prepared under his or her supervision, as required by the [Map Filing Law] Recordation Act, N.J.S.A. 46:[23-9.11(n)]26A, 26B, and 26C, and in accordance with N.J.A.C. 13:40-9, Responsible Charge of Engineering or Land Surveying Work.

(n) Maps prepared to show hydrographic, bathymetric, topographic data, or planimetric data[, which also delineate property lines or street right-of-way lines thereon] shall be prepared by a licensed professional land surveyor and shall identify the vertical datum and include reference to a benchmark on the site. Such survey information may be transferred to construction plans or other drawings if duly noted as to the date of the survey, by whom, and for whom it was prepared.

(o)Existing flood elevations shall only be certified by a professional land surveyor.

SUBCHAPTER 8.   SEALING AND TITLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS

13:40-8.1A Digital signatures and seals
(a) A digital signature and seal shall carry the same weight, authority, and effect as a handwritten signature and impression-type seal, when the following criteria are met:

1. The digital signing and sealing process satisfies the requirements of the Digital Signature Standard (DSS) established by the National Institute of Standards and Technology, FIPS PUB 186-4, Digital Signature Algorithm Validation System, ([2014] 2013), which is [hereby] incorporated herein by reference, as amended and supplemented. This standard may be obtained at the following website: http://www.NIST.gov/. The digital signature and seal must be:

i. (No change.)

ii. Verifiable by a trusted third party or some other approved process as belonging to the licensee; and

iii. Under the licensee's direct and exclusive control; [and] or

[iv. Linked to a document in such a manner that the digital signature and seal is invalidated if any data in the document is changed. Once the digital signature and seal are applied to the document, the document shall be available in read-only format if the document is to be digitally transmitted.]

2.A digital signature and seal must be linked to a document in such a manner that it is evident if the document has been modified after the digital signature and seal have been applied.

(b) A licensee who digitally signs and seals a document shall maintain [a digital] an electronic copy of the electronically transmitted document that has also been digitally signed and sealed for future verification purposes in accordance with N.J.A.C. 13:40-3.4(b).

(c)-(d) (No change.)

13:40-8.2   Title block on drawings; forms; removal

(a)-(e) (No change.)

(f)A licensee shall not place his or her title block on any drawing, report, or other document that contains a title block of an individual, firm, or corporation that is not authorized to practice professional engineering or professional land surveying in the State.

SUBCHAPTER 9.   RESPONSIBLE CHARGE OF ENGINEERING OR LAND SURVEYOR WORK

13:40-9.1   [Supervision] Professional engineers:supervision of subordinates; maintaining records of adequate supervision; acts reflecting inadequate supervision

(a) A licensee in responsible charge of an engineering [or land surveying] project shall [render] be a competent professional engineer who provides regular and effective supervision [to those individuals performing services which] through personal direction to, and quality control over, the effortsofsubordinates of the licenseethat directly and materially affect the quality and competence of engineering [or land surveying] work rendered by the licensee.

(b) A licensee shall maintain such records as are reasonably necessary to establish that the licensee [exercised] provided regular and effective supervision [of an engineering or land surveying project] by personally directing, and having quality control over, the efforts of subordinates of the licensee of which he or she was in responsible charge.

(c) A licensee engaged in any of the following acts or practices shall be deemed not to have rendered the regular and effective supervision required [herein] if:

[1. The regular and continuous absence from principal office premises from which professional services are rendered; except for performance of [page=42] field work or presence in a field office maintained exclusively for a specific project;]

[2.] 1. (No change in text.)

[3.] 2. The rendering of a limited, cursory, or perfunctory review of plans or projects in lieu of [an appropriate detailed review] providing sufficient direction to, and quality control over, the efforts of subordinates of the licensee; and

[4.] 3. (No change in text.)

13:40-9.2          Professional land surveyor: supervision of subordinates; maintaining records of adequate supervision; acts reflecting inadequate supervision

(a) A licensee in responsible charge of a land surveying project shall render regular and effective supervision to those individuals performing services that directly and materially affect the quality and competence of land surveying work rendered by the licensee.

(b) A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of a land surveying project of which he or she was in responsible charge.

(c) A licensee engaged in any of the following acts or practices shall be deemed not to have rendered the regular and effective supervision required if:

1. The regular and continuous absence from principal office premises from which professional services are rendered; except for performance of field work or presence in a field office maintained exclusively for a specific project;

2. The failure to personally inspect or review the work of subordinates where necessary and appropriate;

3. The rendering of a limited, cursory, or perfunctory review of plans or projects in lieu of an appropriate detailed review; and

4. The failure to personally be available, on a reasonable basis or with adequate advance notice, for consultation and inspection, where circumstances require personal availability.

SUBCHAPTER 10. CERTIFICATES OF AUTHORIZATION

13:40-10.1 Issuance of certificates of authorization

(a)-(c) (No change.)

(d) The LLC or corporation that has been issued a certificate of [authority] authorization and its licensees who are in responsible charge of the professional engineering and/or professional land surveying activities and decisions of the LLC or corporation have a continuing duty to inform the Board within 30 days of any change in the information that was provided to the Board as required pursuant to (b) above, including a copy of each annual report filed with the Division of Revenue.

(e)-(f) (No change.)

SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY

13:40-11.3 Credit-hour requirements; dual licensees

(a)-(c) (No change.)

(d) [For the renewal period beginning May 1, 2012, each] Each person who is licensed as both a professional engineer and a professional land surveyor shall have completed at least 27 CPC credits relating to the practices of professional engineering and professional land surveying. At least 12 of the required 27 credits shall have been completed in professional land surveying, and at least 12 credits shall have been completed in professional engineering, of which two shall have been in professional practice ethics. The remaining three credits may have been completed in either professional engineering or professional land surveying.

SUBCHAPTER 12. RETIRED LICENSE AND NO-FEE RETIRED LICENSE STATUS

13:40-12.2 Retired licensee: application; entitlement

(a)-(b) (No change.)

(c) Each retired licensee shall be entitled to the following:

1. A retired licensee when using the titles "Professional Engineer" or "Professional Land Surveyor" or any substantial equivalent shall use the designation "Retired" following his or her name;

2.-4. (No change.)

(d) (No change.)

SUBCHAPTER 15. HOME INSPECTION ADVISORY COMMITTEE

13:40-15.1 Purpose; scope; applicability

(a)-(c) (No change.)

(d) This subchapter shall not apply to:

1.-6. (No change.)

7. Any person performing home inspections in the presence of and under the direct supervision of a [licensed home inspector] licensee for the purpose of meeting the training requirements of N.J.A.C. 13:40-15.6(a)4.

13:40-15.2 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

…

"Additional inspection services" does not encompass repairs or improvements. "Additional inspection services" means:
1. Tests performed by a [home inspector which] licensee that are not part of a home inspection but which, in the opinion of the [home inspector] licensee, are warranted or which the client requests. Such tests include, but are not limited to, radon, asbestos, lead paint, carbon monoxide, or urea-formaldehyde testing. Such testing may be performed providing the [home inspector] licensee has the relevant experience, education, training, and/or licensing, and/or certification to perform such additional tests as set forth in N.J.A.C. 13:40-15.22;
2. Inspecting systems and components [which] that the [home inspector] licensee is not required to inspect, but is not prohibited from[,] inspecting, pursuant to the standards of practice, N.J.A.C. 13:40-15.16;

3.-4. (No change.)

["Additional inspection services" does not encompass repairs or improvements.]

…

"Client" means any current or prospective homeowner who engages, or seeks to engage, the services of a [home inspector] licensee for the purpose of obtaining an inspection of, and written report regarding, the condition of a residential building.

"Client's representative" means an attorney [at law of] licensed in the State of New Jersey who has been retained by the client and identified to the [home inspector] licensee in writing. For the purposes of this subchapter, a real estate broker or agent is not the client's representative.

…

"Direct supervision" means that a [licensed home inspector] licensee is physically present at, and monitors, the entire home inspection and prepares and signs the home inspection report.
…
"Home inspection report" means a written report prepared for a fee or any other consideration by a [home inspector] licensee, which:

1.-5. (No change.)

"Home inspection training report" means a written report prepared by a trainee pursuant to N.J.A.C. 13:40-15.6[(b)](a)4, which:

1.-5. (No changes.)

"Home inspector" means any person licensed as a home inspector pursuant to N.J.S.A. 45:8-[62]61 et seq., and this subchapter who practices as a home inspector and inspects the condition of a residential building on behalf of a client for which the client is charged a fee.

…

13:40-15.8 Insurance requirement

(a) All [licensed home inspectors] licensees engaged in the profession of home inspection shall maintain an errors and omissions insurance policy in the minimum amount of $ 500,000 per occurrence and file proof of the policy with the Committee.

(b) (No change.)

[page=43] (c) Both the [home inspector] licensee and the insurance company shall provide written notification to the Committee at least 10 days prior to the discontinuation of the errors and omissions policy.

13:40-15.9 Identification cards

(a) All [licensed home inspectors] licensees shall, during the performance of a home inspection, carry an identification card issued by the Committee. The identification card shall contain the name, photograph, license number, and signature of the person to whom the identification card has been issued.

(b) (No change.)

13:40-15.10      License renewal

(a) The Committee shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the licensee. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew, provided that the licensee is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.

(b)A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Committee, along with the renewal fee set forth in N.J.A.C. 13:40-15.22, prior to the date of license expiration.

(c)A licensee may renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of home inspecting, or hold themselves out as eligible to engage in the practice of home inspecting, in New Jersey, until such time as the license is returned to active status.

(d)If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:40-15.23. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.

(e)A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.

(f) A licensee who continues to engage in the practice of home inspecting with a suspended license shall be deemed to be engaging in the unauthorized practice of home inspecting and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.

13:40-15.11      Change of license status: inactive to active

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:40-15.10(c) may apply to the Committee for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit:

1. A renewal application;

2.A certification of employment, listing each job held during the period the license was inactive, which shall include the names, addresses, and telephone numbers of each employer;

3. The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:40-15.22 or, in the discretion of the Committee, a prorated fee, if there is less than one year remaining in the biennial renewal period; and

4.Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:40-15.14.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of home inspecting and submits proof of having satisfied that state's continuing education requirements for that license shall be deemed to have satisfied the requirements of (a)4 above. If the other state does not have any continuing education requirements, the requirements of (a)4 above shall apply.

ii. To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the biennial period for which reactivation is sought, the Committee will allow applicants to take the courses within 12 months following reactivation. If the Committee concludes, in accordance with (b) below, that there are practice deficiencies in need of remediation, (b) below shall apply.

(b) If a Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Committee may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reactivation of licensure, to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Committee determines is necessary to assure that the applicant practices with reasonable skill and safety. The Committee, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Committee following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Committee shall consider the following non-exhaustive issues:

1. Length of time license was inactive;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing body;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of home inspecting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;

6. Pending proceedings against a professional or occupational license issued to the licensee by a professional licensing body in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7. Civil litigation related to the practice of home inspecting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:40-15.12      Reinstatement of suspended license

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:40-15.10(e) may apply to the Committee for reinstatement. A licensee applying for reinstatement shall submit:

1.A reinstatement application;

2.A certification of employment listing each job held during the period of suspended license, which includes the names, addresses, and telephone numbers of each employer;

3. The renewal fee for the biennial period for which reinstatement is sought;

4.The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;

5. The reinstatement fee set forth in N.J.A.C. 13:40-15.22; and

6. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:40-15.14.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of home inspecting and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of (a)6 above. If the other state does not have any continuing education requirements, the requirements of (a)6 above shall apply.

ii. To the extent that specific courses are required to satisfy the continuing education requirements for, or are required to have been [page=44] satisfied prior to, the biennial period for which reinstatement is sought, the Committee will allow applicants to take the courses within 12 months following reinstatement. If the Committee concludes, in accordance with (b) below, that there are practice deficiencies in need of remediation, (b) below shall apply.

(b) If a Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Committee may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reinstatement of licensure, to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations, as the Committee determines is necessary, to assure that the applicant practices with reasonable skill and safety. The Committee, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Committee following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Committee shall consider the following non-exhaustive issues:

1. Length of time license was suspended;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing body;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of home inspecting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;

6. Pending proceedings against a professional or occupational license issued to the licensee by a professional licensing body in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7. Civil litigation related to the practice of home inspecting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:40-15.13  Change of address provision; service of process
(a) A [licensed home inspector] licensee shall notify the Committee in writing of any change of address from that registered with the Committee and shown on the most recently issued certificate. Such notice shall be sent to the Committee by e-mail, facsimile, or certified mail, return receipt requested, not later than 30 days following the change of address. Failure to notify the [Board] Committee of any change of address may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h).

(b)-(c) (No change.)

13:40-15.14      Continuing education requirements
(a) Pursuant to N.J.S.A. 45:8-78, a licensee shall complete 40 continuing education units each biennial licensure renewal period, consistent with the following:

1.Four units shall be on report writing and four units shall be on ethics and the rules governing the practice of home inspection in New Jersey. These eight units shall be taken in-person through a Committee-approved continuing education program or course.

(b) A person receiving initial licensure as a home inspector shall complete continuing education requirements prorated as follows:

1.Any person receiving initial licensure as a home inspector in the first year of a biennial licensure renewal period shall complete a minimum of 40 continuing education units before the end of that biennial renewal period consistent with the requirements of (a) above;

2. Any person receiving initial licensure as a home inspector in the second year of a biennial licensure renewal period shall complete a minimum of 20 continuing education units before the end of that biennial licensure renewal period, four units of which shall be on report writing and four units of which shall be on ethics and the rules governing the practice of home inspection. These eight units of required continuing education must be taken in-person through a Committee-approved continuing education program or course.

3. Any person receiving initial licensure as a home inspector within 90 days of the next biennial licensure renewal period shall not be required to fulfill the continuing education requirements of the current renewal period.

(c) A licensee who completes more than the 40 minimum continuing education units during a biennial licensure renewal period may carry over no more than 10 of the additional units into the succeeding biennial period, but only if the units were earned in the last six months of the preceding biennial period.

(d) Any continuing education units completed by the licensee in compliance with an order or directive from the Committee as set forth in (k) below may not be used to satisfy the minimum continuing education requirements as set forth in this section.

(e) A licensee may obtain continuing education units from the following:

1.Successful completion of continuing education courses or programs approved by the Committee pursuant to (i) below. The Committee shall maintain a list of all approved programs, courses, and lecturers at the Board office and shall furnish this information to licensees upon request;

2. Developing curriculum for an approved program or course and/or teaching an approved program or course, provided the program or course is directly related to the practice of home inspection in the State of New Jersey;

3.Authorship of a textbook or manual directly related to the practice of home inspection in the State of New Jersey, provided the textbook or manual, as published, is at least 7,500 words in length;

4. Authorship of a published article related to the practice of home inspection in the State of New Jersey, provided the article, as published, is at least 250 words in length; and

5. Direct supervision of trainees during home inspections used for training purposes. To qualify for continuing education credit, a home inspector affiliated with a New Jersey Department of Education-approved course shall conduct a home inspection used for training purposes. The inspection shall require at least one hour to complete and shall not be attended by more than one trainee.

(f) Credit for continuing education shall be granted as follows for each biennial licensure renewal period:

1.In-person attendance at continuing education programs approved by the Committee: one unit for each hour of attendance at an approved course. Credit shall not be granted for courses that are less than one instructional hour long. Completion of an entire course or segment of course instruction shall be required in order to receive any continuing education units.

2. In-person attendance at a course approved by the Committee: one unit for each hour of attendance at an approved course. Credit shall not be granted for courses that are less than one instructional hour long. Completion of an entire course or segment of course instruction is required in order to receive any continuing education units.

3. Successful completion of correspondence, Internet, or other distance learning courses approved by the Committee: one continuing education unit per hour of course instruction as determined by the Committee to a maximum of 32 units per biennial renewal period;

4. Development of curriculum pursuant to (e)2 above: one continuing education unit per hour of program or course instruction to a maximum of 16 units per biennial renewal period;

5. Authorship of a textbook or manual directly related to the practice of home inspection in the State of New Jersey, provided the textbook or manual, as published, is at least 7,500 words in length;

6. Authorship of a published article related to the practice of home inspection in the State of New Jersey, provided the article, as published, is at least 250 words in length; and

7. Direct supervision of trainees during training home inspections pursuant to (c)5 above: one continuing education unit per home inspection used for training purposes to a maximum of 16 units per biennial renewal period.

[page=45] (g) The Committee shall perform audits of randomly selected licensees to determine compliance with continuing education requirements. A licensee shall maintain the following documentation for a period of five years after completion of the continuing education units and shall submit such documentation to the Committee upon request:

1.Certificate of completion from sponsor for attendance at courses or programs approved by the Committee;

2. The published item for publication of manual, textbook, or article;

3. Documentation, including copy of curriculum; location, date, and time of course; duration of course by hour; and letter from sponsor, confirming that the licensee developed or taught the course or program, including those for realtors and/or civic groups; and

4. Documentation, including the location, date, and time; duration; a list of participants; and copies of all completed home inspection training reports for each training home inspection directly supervised by the licensee.

(h)Waiver, extension, or other modification of the continuing education requirements may be granted as follows:

1. The Committee, upon receipt of a request for waiver, extension, or other modification received at least 90 days prior to license renewal, may waive, extend, or otherwise modify the continuing education requirements of this section on an individual basis for reasons of hardship, such as severe illness, disability, or military service; and

2. A licensee seeking a waiver, extension, or other modification of the continuing education requirements shall apply to the Committee in writing, which must be received at least 90 days prior to license renewal and set forth in specific detail the reasons for the request. The licensee shall provide the Committee with such supplemental materials as will support the request.

(i) All sponsors of continuing education courses or program shall:

1.Obtain Committee approval prior to representing that any course, seminar, or program fulfills the requirements of this section;

2. Submit for evaluation by the Committee, the following for each course, seminar, or program offered:

i. A detailed description of course content and estimated hours of instruction; and

ii. The curriculum vitae of each lecturer, including specific background that qualifies the individual as a lecturer of repute in the area of instruction;

3. Monitor the attendance at each approved course, seminar, or program and furnish to each enrollee a verification of attendance, which shall include at least the following information:

i. The title, date, and location of course, seminar, or program offering;

ii. The name and license number of attendee;

iii. The number of hours attended; and

iv. The name and signature of the officer or responsible party;

4. Solicit course, seminar, or program evaluations from both the participants and the instructors; and

5. Submit a fee pursuant to N.J.A.C. 13:40-15.22 for each biennial period during which a course(s), seminar(s), or program(s) is offered.

(j) The Committee shall approve only such continuing education courses and programs as are available and advertised on a reasonable nondiscriminatory basis to all persons practicing home inspecting in the State and are directly related to the practice of home inspection in the State of New Jersey.

(k) The Committee may direct or order a licensee to complete continuing education units:
1. As part of a disciplinary or remedial measure; or

2. To correct a deficiency in the licensee's continuing education requirements.

13:40-15.15  Pre-inspection agreements

(a) A [home inspector] licensee shall send a pre-inspection agreement to a client or client's representative, by mail, facsimile, [email] e-mail, or other means of delivery, no later than one business day after the appointment for the home inspection is made. The pre-inspection agreement shall be executed prior to the start of the home inspection. The pre-inspection agreement shall contain, at a minimum, the following information:

1.-8. (No change.)

(b) (No change.)

(c) The pre-inspection agreement shall indicate whether the [home inspector] licensee will return at a later date to inspect any systems or components that are not inspected because of unforeseen circumstances or weather conditions at the initial home inspection and whether any additional fee will be charged for such subsequent inspection, and the amount of such fee, if any.

(d) A pre-inspection agreement shall be retained for a period of five years [following the completion of the pre-inspection] once the agreement has been finalized by the licensee and client and/or client representative.
13:40-15.16  Standards of practice

(a) All [home inspectors] licensees shall comply with the standards of practice contained in this section when conducting home inspections. The scope of home inspection services performed in compliance with the [requirements] standards set forth in this section shall provide the client with objective information regarding the condition of the systems and components of the home as determined at the time of the home inspection.

(b) Nothing in this section shall be construed to require a [home inspector] licensee to:

1. Enter any area or perform any procedure [which] that is, in the opinion of the [home inspector] licensee, unsafe and likely to be dangerous to the inspector or other persons;
2. Enter any area or perform any procedure [which] that will, in the opinion of the [home inspector] licensee, likely damage the property or its systems or components;

3.-13. (No change.)

14. [Determine] Identify the presence of, ordetermine the effectiveness of, any system installed or method utilized to control or remove suspected hazardous substances;

15.-20. (No change.)

21.Inspect, identity, or disclose ancillary electrical devices and/or systems, such as, but not limited to, Arc Fault Circuit Interrupters (AFCIs), standby generators, and photovoltaic (solar) panels;
Recodify existing 21.-22. as 22.-23. (No change in text.)
(c) [Home inspectors] Licensees shall:

1. (No change.)

2. Prepare a home inspection report, which shall:

i. (No change.)

ii. Disclose systems and components as set forth in (c)1 above [which] that were present at the time of the home inspection, but were not inspected, and the reason(s) they were not inspected[;]:

(1)If a system and/or component was present at the time of inspection, but not inspected at the request of the client or because the system or component could not be observed, the report must note this.

iii. Describe the systems and components specified [in these standards of practice] in (c)1 above;

iv. State material defects found in systems or components specified in (c)1 above;

v. (No change.)

vi. Provide recommendations where material defects were found to repair, replace, or monitor a system or component specified in (c)1 above or to obtain examination and analysis by a qualified professional, tradesman, or service technician without determining the methods, materials, or cost of corrections; and

3. (No change.)

(d) Subsection (c) above is not intended to limit [home inspectors] licensees from:

1. Inspecting or reporting observations and conditions observed in systems and components in addition to those required in (c)1 above and inspecting systems and components other than those mandated for inspection in (c)1 above, as long as the inspection and reporting is based on the licensee's professional opinion, prior work experience, education, [page=46] and training, unless these standards of practice prohibit the [home inspector] licensee from inspecting such systems or components.

2. Contracting with the client to provide, for an additional fee, additional inspection services provided the [home inspector] licensee is educated, trained, certified, registered, or licensed, pursuant to the provisions of N.J.A.C. 13:40-[15.22]15.21 and other applicable statutes and rules; and

3. Excluding systems and components from the inspection [if requested in writing by the client] pursuant to N.J.A.C. 13:40-15.15(b) and (c)2ii above.
(e) When conducting the inspection of the structural components, the [home inspector] licensee shall:
1.-4. (No change.)

(f) When conducting the inspection of the exterior components, a [home inspector] licensee shall:
1.-2. (No change.)

(g) When inspecting the roof of a residential building, the [home inspector] licensee shall:

1. (No change.)

2. Describe:

i. (No change.)

ii. [Roof] Deficiencies of theroof drainage systems;

[iii. Flashing;]

iii.Deficiencies in theflashing;

iv.-v. (No change.)

3. Employ reasonable, practicable, and safe methods to inspect the roof, such as:
i. (No change.)

ii. Observation from a ladder at roof level; [or]
iii. Visual examination with binoculars from ground level; [and] or

iv. Through the use of a drone or similar unmanned aircraft systems (consistent with applicable State or Federal laws, rules, and regulations on licensure or certification requirements for the commercial use of drones or similar unmanned aircraft systems); and

4. (No change.)

(h) When inspecting the plumbing system, a [home inspector] licensee shall:

1. (No change.)

2. Describe:

i. Predominant interior water supply and distribution piping materials, including the presence of lead water service and/or supply piping;

ii.-iii. (No change.)

(i) When inspecting the electrical system, a [home inspector] licensee shall:

1.-2. (No change.)

(j) When inspecting the heating system, a [home inspector] licensee shall:

1.-2. (No change.)

(k) When inspecting the cooling system, a [home inspector] licensee shall:

1.-2. (No change.)

(l) When inspecting the interior of a residential building, a [home inspector] licensee shall:

1. (No change.)

(m) When inspecting the insulation components and ventilation system of a residential building, the [home inspector] licensee shall:

1.-2. (No change.)

(n) When inspecting fireplaces and solid fuel burning appliances, a [home inspector] licensee shall:

1.-2. (No change.)

13:40-15.17  Mandatory tools and equipment

(a) All [home inspectors] licensees shall, during the performance of a home inspection, be equipped with the following minimum tools and equipment:

1. (No change.)

2. A flashlight[,] or [another] other equivalent light source[, with a minimum 15,000 candlepower illumination];

3.-8. (No change.)

9. Binoculars [with a magnification between 8X42 and 10X50] or equivalent magnification device;

10.-12. (No change.)

(b) This section is not intended to establish an exclusive list of tools and equipment to be used during the performance of a home inspection. [A home inspector] Licensees may utilize any other tools or equipment [which] that, in [the licensee's] his or her professional judgment,he or she believes is necessary to adequately perform a home inspection.

13:40-15.18  Advertising; identification of licensee

(a) (No change.)

(b) All radio and television advertising by a [home inspector] licensee shall include the name and license number of the [home inspector] licensee.

(c) All advertising by a [home inspector] licensee, other than the advertising referred to in (b) above, shall include:

1. The name of the [home inspector] licensee;

2. The words "Home Inspector License Number" or "Home Inspector Lic. #," followed by the license number of the [home inspector] licensee, which may be either the entire "GI" number (for example, 24GI000xxx00 or 24GI00XXXX00) or "GI" followed by the licensee's three- or four-digit license number (for example, GIxxx or GIxxxx); and
3. The business address of the [home inspector] licensee, including the street name and number. Post office box numbers shall not be used as a form of business address.

(d) (No change.)

(e) A [home inspector] licensee whose name, business address, or license number appears or is mentioned in any advertisement shall be presumed to have caused, permitted, or approved the advertising and shall be personally responsible for its content.

(f) All commercial vehicles used by a [home inspector] licensee shall be marked on both sides with the following information:

1. The name of the [home inspector] licensee in lettering at least one inch in height;

2. The words "Home Inspector License Number" or "Home Inspector Lic. #," followed by the license number of the [home inspector] licensee, which may be either the entire "GI" number (for example, 24GI000xxx00 or 24GI 00XXXX00) or "GI" followed by the licensee's three- or four-digit license number (for example, GIxxx or GIxxxx) in lettering at least one inch in height; and

3. (No change.)

(g) All business correspondence and stationery, such as letterhead, business cards, pre-inspection agreements, and home inspection reports, of a [home inspector] licensee shall display:

1. The name of the [home inspector] licensee;

2. The words "Home Inspector License Number" or "Home Inspector Lic. #," followed by the license number of the [home inspector] licensee, which may be either the entire "GI" number (for example, 24GI000xxx00 or 24GI00XXXX00) or "GI" followed by the licensee's three- or four-digit license number (for example, (GIxxx or GIxxxx); and
3. The business address of the [home inspector] licensee, including the street name and number [of the home inspector]. Post office box numbers shall not be used as a form of business address.

13:40-15.19  Prohibited practices

(a) It is a prohibited practice for a [home inspector] licensee to do any of the following:

1. Perform, or offer to perform, for an additional fee, any repairs, renovations, additions, or alterations to a structure on which the licensee or the licensee's company has prepared a home inspection report;

2.-5. (No change.)

6. Provide a copy of the home inspection report or disclose any information concerning the results of the inspection, including confidential client contact information, without the written approval of the client or the client's representative, except when the [home inspector] licensee discovers a health or safety condition that would not be readily detectable by the occupant or homeowner and which poses an imminent risk of injury;

7.-16. (No change.)

17. Fail to inspect the systems and components required by the standards of practice as set forth in N.J.A.C. 13:40-15.16 without [the [page=47] written consent of the client] a documented reason from the licensee explaining the exclusion of a system and/or component from an inspection;

18.-21. (No change.)

22. Pay or accept a finder's fee or referral fee to any person in connection with a home inspection; or

23. (No change.)

(b) (No change.)

13:40-15.20      Requirements for licensure as a home inspector by comity

(a)Upon receipt of a completed application and application fee, the Committee shall issue a license to any person who documents that the person holds a valid, current corresponding license in good standing by another state, if:

1.The Committee determines the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the then-current Committee standards;

i."Substantially equivalent" examination need not be identical to the current examination requirements for home inspectors licensed in New Jersey, but such examination shall be nationally recognized and of comparable scope and rigor.

ii. An applicant's experience may be considered by the Committee to compensate for disparity in substantial equivalence in education and examination requirements;

2. The applicant practiced as a home inspector or the equivalent in another state within five years prior to the date of the application;and

3.The requirements of (b) below have been satisfied.

(b)Prior to issuing a license, the Committee shall have received, or obtained, the following:

1. Documentation, reasonably satisfactory to the Committee, demonstrating the applicant's license from each state in which the applicant is licensed is in good standing.

i. "Good standing" means the following:

(1) No action has been taken against the applicant's license by any licensing board;

(2) No action adversely affecting the applicant's privileges to practice as a home inspector has been taken by any out-of-State institution, organization, or employer;

(3) No disciplinary proceeding is pending that could affect the applicant's privileges to practice home inspection;

(4) All fines levied by any out-of-State board have been paid; and

(5) There is no pending or final action by any criminal authority for violation of law, rule, or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, this State, or any other state, including, but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or an offense involving any controlled dangerous substance or controlled dangerous substance analog; and

2. Designation of an agent in New Jersey for service of process if the applicant does not reside nor have an office in this State.

(c) If the education and examination requirements in the state in which the applicant is licensed are not substantially equivalent to the Committee's current standards as required in (a) above, the Committee will consider an applicant's individual experience to compensate for such disparity. In making a determination whether an applicant's experience would compensate for such disparity in substantial equivalence in education or examination, the Committee shall consider the following:

1. Length of experience;

2. Whether the experience was supervised by another individual;

3. The applicant's home inspection history;

4. The applicant's employment history; and

5. The applicant's education.

(d) An applicant shall satisfy, or shall have satisfied, all applicable prerequisites required for initial licensure in this State.

(e) Not later than six months after the issuance of a license, an applicant shall provide the Committee with evidence, reasonably satisfactory to the Committee, verifying an applicant's education, training, and examination results.

(f) The Committee, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.

(g) The Committee may grant a license to an applicant seeking reciprocity who holds a license from another state who does not meet the good standing requirement of (h) below due to a pending action by a licensing board; a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice; a pending disciplinary proceeding; or a pending criminal charge or arrest for a crime, provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest, assuming it is true, does not demonstrate a serious inability to practice home inspection; adversely affect public health, safety, and welfare; or result in economic or physical harm to a person or create a significant threat of such harm.

13:40-15.21      Additional inspection services

(a)A licensee may perform inspection services in addition to those set forth at N.J.A.C. 13:40-15.16 if the licensee has the requisite experience, education, training, and/or required license or certification. Such additional services include, but are not limited to, the following:

1. Determining the presence of wood-destroying insects;

2. Determining the presence of rodents, pests, and/or insects (other than wood-destroying insects);
3.Determining the presence of asbestos;

4.Determining the presence of lead paint;

5. Determining the presence of radon;

6. Determining the presence of hazardous waste;

7. Inspecting wells, well pumps, water-storage related equipment, or sampling well water;

8. Inspecting private waste water disposal systems including on-site individual waste disposal systems, septic systems, and/or cesspools;

9. Inspecting installed or free-standing warning devices, including carbon monoxide detectors, flue gas, and other spillage detectors; and
10. Inspecting fire alarm systems, smoke detection systems, burglar alarms, and security equipment.

13:40-[15.23]15.22           (No change in text.)