Legislation
SECTION 7208
Exempt persons for the professions of engineering and land surveying
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 145
§ 7208. Exempt persons for the professions of engineering and land
surveying. This article shall not be construed to affect or prevent the
following, provided that no title, sign, card or device shall be used in
such manner as to tend to convey the impression that the person
rendering such service is a professional engineer or a land surveyor
licensed in this state or is practicing engineering or land surveying:
a. Offering to practice in this state as a professional engineer or
land surveyor by any person not a resident of, and having no established
place of practice in this state, provided that such person is legally
qualified for such practice in his own state or country;
b. Practice as a professional engineer or land surveyor in this state
by any person not a resident, or having no established place of practice
in this state, or any person resident in this state but who has arrived
in this state within six months, provided, however, such a person shall
have filed an application for license as a professional engineer or land
surveyor, and is legally qualified for such practice in the state or
country in which he resides or has his place of practice or in which he
had his previous residence or place of practice, such exemption
continuing for only such reasonable time as the board requires to grant
or deny the application for license, and a person intending to practice
under this subdivision shall so state on the application;
c. Practice of engineering or land surveying, by an employee of a
county or town, in the construction, improvement or maintenance of a
county road or town highway, or by an employee of a county, city, town
or village, in the construction, improvement or maintenance of any
public work wherein the contemplated expenditure for the completed
project does not exceed five thousand dollars;
d. Operation or maintenance of steam, power, or refrigeration plants
by legally authorized persons not licensed under this article or persons
engaged or employed as an engine man, operator or driver of any engine
or of any mechanical, electrical, chemical or other device or machine;
e. Making of surveys by professional engineers, except that the
determination of real property boundaries may be done only by a licensed
land surveyor;
f. Employment or supervision of interns or other persons qualified by
education or experience by professional engineers or land surveyors as
assistants in the performance of engineering or land surveying, or as
consultants or employees in special fields related to but not uniquely
engineering or land surveying, provided that the engineers or land
surveyors employing or supervising such persons shall not be relieved of
any responsibility whatsoever by delegation to such persons, and
provided further that such persons who have attained the bachelor's
level of studies in accordance with the requirements of section
seventy-two hundred six of this title may be employed as junior or
assistant engineers or junior or assistant land surveyors, or similar
titles, to act under the general direction of a professional engineer or
land surveyor, or in work not covered by this article;
g. Employment of any person as a junior or assistant engineer or
junior or assistant land surveyor in the civil service of the state or
its political subdivisions in a position the title of which was approved
and in use as of July first, nineteen hundred seventy-one, provided such
person acts under the general direction of a licensed professional
engineer or land surveyor;
h. Execution by a contractor or by others of work designed by a
professional engineer, or land surveyor, or the superintendence of such
work as a superintendent, foreman, or inspector;
i. The practice of architecture by an architect licensed in this
state, or the practice of landscape architecture by a landscape
architect licensed in this state, provided that no such architect or
landscape architect shall use the designation "engineer" or
"engineering" unless licensed as a professional engineer in this state;
j. The practice of engineering or land surveying or having the title
"engineer" or "surveyor" solely as an officer or an employee of a
corporation engaged in interstate commerce;
k. The practice of engineering by a manufacturing corporation or by
employees of such corporation, or use of the title "engineer" by such
employees, in connection with or incidental to goods produced by, or
sold by, or nonengineering services rendered by, such corporation or its
manufacturing affiliates;
l. The practice of engineering or land surveying, or using the title
"engineer" or "surveyor" (i) exclusively as an officer or employee of a
public service corporation by rendering to such corporation such
services in connection with its lines and property which are subject to
supervision with respect to the safety and security thereof by the
public service commission of this state, the interstate commerce
commission or other federal regulatory body and so long as such person
is thus actually and exclusively employed and no longer, or (ii)
exclusively as an officer or employee of the Long Island power authority
or its service provider, as defined under section three-b of the public
service law, by rendering to such authority or provider such services in
connection with its lines and property which are located in such
authority's service area and so long as such person is thus actually and
exclusively employed and no longer;
m. The making of land surveys by a professional engineer where such
land surveys are essential to engineering projects, provided he was
licensed as a professional engineer in this state on or before the first
day of January in the year in which this act shall become a law and
files evidence satisfactory to the board on or before the first day of
July in the year next succeeding the year in which this act shall have
become law, that he is competent and experienced in such land surveys;
n. The design by a land surveyor of roads, drainage, water supply or
sanitary sewerage facilities of a minor nature in connection with
subdivisions and the extension and inspection thereof, but not including
sewage disposal or treatment plants, lift stations, pumping stations,
commercial buildings or bridges, provided the surveyor was licensed as a
land surveyor in this state on or before the first day of January in the
year in which this act shall have become a law and files evidence
satisfactory to the board on or before the first day of July in the year
next succeeding the year in which this act shall have become a law,
attesting that he is competent and experienced in the engineering
required for design of such facilities appurtenant to subdivisions; or
o. Using the title "marine operating engineer", "stationary engineer",
"port of customs surveyor", or "ship surveyor".
p. Contractors or builders from engaging in construction management
and administration of construction contracts.
surveying. This article shall not be construed to affect or prevent the
following, provided that no title, sign, card or device shall be used in
such manner as to tend to convey the impression that the person
rendering such service is a professional engineer or a land surveyor
licensed in this state or is practicing engineering or land surveying:
a. Offering to practice in this state as a professional engineer or
land surveyor by any person not a resident of, and having no established
place of practice in this state, provided that such person is legally
qualified for such practice in his own state or country;
b. Practice as a professional engineer or land surveyor in this state
by any person not a resident, or having no established place of practice
in this state, or any person resident in this state but who has arrived
in this state within six months, provided, however, such a person shall
have filed an application for license as a professional engineer or land
surveyor, and is legally qualified for such practice in the state or
country in which he resides or has his place of practice or in which he
had his previous residence or place of practice, such exemption
continuing for only such reasonable time as the board requires to grant
or deny the application for license, and a person intending to practice
under this subdivision shall so state on the application;
c. Practice of engineering or land surveying, by an employee of a
county or town, in the construction, improvement or maintenance of a
county road or town highway, or by an employee of a county, city, town
or village, in the construction, improvement or maintenance of any
public work wherein the contemplated expenditure for the completed
project does not exceed five thousand dollars;
d. Operation or maintenance of steam, power, or refrigeration plants
by legally authorized persons not licensed under this article or persons
engaged or employed as an engine man, operator or driver of any engine
or of any mechanical, electrical, chemical or other device or machine;
e. Making of surveys by professional engineers, except that the
determination of real property boundaries may be done only by a licensed
land surveyor;
f. Employment or supervision of interns or other persons qualified by
education or experience by professional engineers or land surveyors as
assistants in the performance of engineering or land surveying, or as
consultants or employees in special fields related to but not uniquely
engineering or land surveying, provided that the engineers or land
surveyors employing or supervising such persons shall not be relieved of
any responsibility whatsoever by delegation to such persons, and
provided further that such persons who have attained the bachelor's
level of studies in accordance with the requirements of section
seventy-two hundred six of this title may be employed as junior or
assistant engineers or junior or assistant land surveyors, or similar
titles, to act under the general direction of a professional engineer or
land surveyor, or in work not covered by this article;
g. Employment of any person as a junior or assistant engineer or
junior or assistant land surveyor in the civil service of the state or
its political subdivisions in a position the title of which was approved
and in use as of July first, nineteen hundred seventy-one, provided such
person acts under the general direction of a licensed professional
engineer or land surveyor;
h. Execution by a contractor or by others of work designed by a
professional engineer, or land surveyor, or the superintendence of such
work as a superintendent, foreman, or inspector;
i. The practice of architecture by an architect licensed in this
state, or the practice of landscape architecture by a landscape
architect licensed in this state, provided that no such architect or
landscape architect shall use the designation "engineer" or
"engineering" unless licensed as a professional engineer in this state;
j. The practice of engineering or land surveying or having the title
"engineer" or "surveyor" solely as an officer or an employee of a
corporation engaged in interstate commerce;
k. The practice of engineering by a manufacturing corporation or by
employees of such corporation, or use of the title "engineer" by such
employees, in connection with or incidental to goods produced by, or
sold by, or nonengineering services rendered by, such corporation or its
manufacturing affiliates;
l. The practice of engineering or land surveying, or using the title
"engineer" or "surveyor" (i) exclusively as an officer or employee of a
public service corporation by rendering to such corporation such
services in connection with its lines and property which are subject to
supervision with respect to the safety and security thereof by the
public service commission of this state, the interstate commerce
commission or other federal regulatory body and so long as such person
is thus actually and exclusively employed and no longer, or (ii)
exclusively as an officer or employee of the Long Island power authority
or its service provider, as defined under section three-b of the public
service law, by rendering to such authority or provider such services in
connection with its lines and property which are located in such
authority's service area and so long as such person is thus actually and
exclusively employed and no longer;
m. The making of land surveys by a professional engineer where such
land surveys are essential to engineering projects, provided he was
licensed as a professional engineer in this state on or before the first
day of January in the year in which this act shall become a law and
files evidence satisfactory to the board on or before the first day of
July in the year next succeeding the year in which this act shall have
become law, that he is competent and experienced in such land surveys;
n. The design by a land surveyor of roads, drainage, water supply or
sanitary sewerage facilities of a minor nature in connection with
subdivisions and the extension and inspection thereof, but not including
sewage disposal or treatment plants, lift stations, pumping stations,
commercial buildings or bridges, provided the surveyor was licensed as a
land surveyor in this state on or before the first day of January in the
year in which this act shall have become a law and files evidence
satisfactory to the board on or before the first day of July in the year
next succeeding the year in which this act shall have become a law,
attesting that he is competent and experienced in the engineering
required for design of such facilities appurtenant to subdivisions; or
o. Using the title "marine operating engineer", "stationary engineer",
"port of customs surveyor", or "ship surveyor".
p. Contractors or builders from engaging in construction management
and administration of construction contracts.