VOLUME 37, ISSUE 17
ISSUE DATE: SEPTEMBER 6, 2005
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

37 N.J.R. 3253(a)

Proposed Readoption with Amendments: N.J.A.C. 13:40
Proposed Repeals: N.J.A.C. 13:40-2.17
Proposed New Rules: N.J.A.C. 13:40-1.1, 1.2, 1.3, 2.15, 3.1, 3.2, 3.3, 10.1 and 10.2
Proposed Recodifications with Amendments: N.J.A.C. 13:40-1 as 8, 2.15 as 2.2, 3.1 as 3.5, 3.2 as 3.6, 8.1 as 3.4 and 10.1 as 10.3

State Board of Professional Engineers and Land Surveyors Rules

Authorized By: State Board of Professional Engineers and Land Surveyors, James K. Valenti, Esq., P.E., President

Authority: N.J.S.A. 45:8-27 et seq.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2005-317.

Submit written comments by November 5, 2005 to:
Arthur Russo, Executive Director
State Board of Professional Engineers and Land Surveyors
PO Box 45015
Newark, NJ 07101

The agency proposal follows:

Summary

The State Board of Professional Engineers and Land Surveyors (the Board) is proposing to readopt N.J.A.C. 13:40 with amendments. Pursuant to Executive Order No. 66(1978) and N.J.S.A. 52:14B-5.1c, these rules are scheduled to expire on January 28, 2006. In compliance with the Executive Order, the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:40 in order to delete unnecessary or unreasonable rules and to clarify existing provisions. The Board believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable and responsive to the purposes for which they were originally promulgated. The following summary outlines each subchapter and briefly explains the amendments which are proposed as part of this readoption. The Board proposes to recodify Subchapter 1 as Subchapter 8 as noted below and proposes new rules in Subchapter 1. Specifically, the Board proposes new rules at N.J.A.C. 13:40-1.1 and 1.2 to specify the purpose and scope, respectively, of N.J.A.C. 13:40. The Board also proposes N.J.A.C. 13:40-1.3 to set forth the definitions of terms used in N.J.A.C. 13:40.

Subchapter 2 specifies the application requirements for persons seeking to be licensed as professional engineers or land surveyors or registered as engineers-in-training or surveyors-in-training. The Board proposes to amend N.J.A.C. 13:40-2.1 to remove the specific filing requirements for applicants because this information is duplicated in the sections pertaining to the specific application requirements for the various licenses and registrations. Proposed amendments to this section also include recodifying the current text of N.J.A.C. 13:40-2.2 as N.J.A.C. 13:40-2.1(c) since these sections involve the scheduling of the examination for licensing. The Board proposes recodifying N.J.A.C. 13:40-2.15 as 2.2 since it follows the progression of the rules regarding the application procedure. N.J.A.C. 13:40-13 is proposed to be amended to remove a reference date for submissions that is no longer necessary and to remove a reference to text at N.J.A.C. 13:40-2.1(a) that has been proposed to be deleted.

The Board proposes amendments to N.J.A.C. 13:40-2.4 to clarify the application requirements for registration as an engineer-in-training by including text relating to the application and reference requirements that were described in other sections of the rules. In addition to allowing seniors who are in college pursuing a degree in engineering or engineering technology to sit for the fundamentals portion of the engineering licensure examination, the Board proposes amendments to also allow college students in their junior year to sit for that portion of the examination. Amendments clarifying the application process for juniors and seniors are also proposed by the Board. The Board proposes to delete Subsection (c) because there is no experience requirement for any other applicant requesting to take the fundamentals of engineering examination. The Board believes that there are sufficient safeguards in place for all applicants to ensure the public health, safety and welfare without imposing a special experience requirement for foreign degree applicants. The Board proposes amendments to N.J.A.C. 13:40-2.5 to clarify the requirements for applicants for licensure as a professional engineer by including text relating to the requirements that were described in other sections of the rules.

The Board proposes amendments to N.J.A.C. 13:40-2.6 to clarify the application requirements for registration as a surveyor-in-training by including text relating to the application and reference requirements that were described in other sections of the rules. In addition to allowing seniors who are in college pursuing a degree in land surveying to sit for the fundamentals portion of the surveying licensure examination, the Board proposed amendments to also allow juniors to sit for that portion of the examination. The Board proposes to delete Subsection (c) because there is no experience requirement for any other applicant requesting to take the fundamentals of land surveying examination. The Board believes that there are sufficient safeguards in place for all applicants to ensure the public health, safety and welfare without imposing a special experience requirement for foreign degree applicants. Amendments clarifying the application process for juniors and seniors are also proposed by the Board. The Board proposes amendments to N.J.A.C. 13:40-2.7 to clarify the application requirements for licensure as a land surveyor by including text relating to the requirements that were described in other sections of the rules.

The Board proposes amendments to N.J.A.C. 13:40-2.8 to clarify the Board's position that when academic credits from a master's program in engineering are necessary for an applicant for licensure as a professional engineer to meet the minimum educational standards for licensure, the applicant cannot also use the master's degree as a substitute for one year of professional experience as permitted by N.J.A.C. 13:40-2.10(b). The Board amendments to this section also clarify that the conversion ratio for engineering technology curriculums is one semester hour credit equals 1.5 quarter hour credits. In addition, an amendment clarifies that an applicant must have his or her degree evaluated by a transcript review service selected and approved by the Board if the educational institution is not accredited by the Accreditation Board for Engineering and Technology (ABET) and is not located in the United States. Since the Board accepts ABET accreditation for schools in the United States, the Board believes that it is appropriate to accept engineering curriculums taught in foreign schools that are ABET accredited.

The Board proposes amendments to N.J.A.C. 13:40-2.9 to clarify the Board's position that when academic credits from a master's program in land surveying are necessary for an applicant for licensure as a land surveyor to meet the minimum education standards for licensure, the applicant cannot also use the master's degree as a substitute for one year of professional experience as permitted by N.J.A.C. 13:40-2.11(b). The Board also proposes some grammatical and stylistic amendments.

The Board proposes amendments to N.J.A.C. 13:40-2.10 and 2.11 to be consistent with the amendments in N.J.A.C. 13:40-2.8 and 2.9 which prohibit the use of a master's degree as professional experience if any of the academic curriculum of the master's degree is necessary to meet the minimum educational standards for licensure. In addition, the Board proposes an amendment to clarify in N.J.A.C. 13:40-2.10 that an applicant must complete at least two years of professional experience in the United States and at least two years of original design experience regardless of whether the applicant can substitute one or two years of professional experience by completing a master's or doctorate degree.

The Board proposes to amend N.J.A.C. 13:40-2.12 to remove the requirement that the required minimum of 15 years of experience be "at the time of application" for an applicant to request a waiver of the fundamentals of engineering portion of the licensure examination because consideration of experience gained subsequent to application may be warranted if the application process has been lengthy.

The Board proposes to amend N.J.A.C. 13:40-2.13 to delete the specific requirements for personal and professional references for the various license and registration applicants because the Board has proposed that these requirements be provided in the specific sections that relate to these licenses and registrations.

As noted above, the Board proposes to recodify N.J.A.C. 13:40-2.15 as 2.2. The Board proposes a new rule at N.J.A.C. 13:40-2.15 that sets forth the procedures for biennial license renewal, license suspension for failure to renew, reinstatement of a suspended license, the selection of inactive status and the reactivation of an inactive license. The Board proposes to amend N.J.A.C. 13:40-2.16 to require an applicant for comity licensure who has a record book from the National Council of Examiners for Engineering and Surveying (NCEES) to complete the entire Board application rather than just the personal data portion because information contained in a fully completed application is needed by the Board to evaluate the applicant. The Board proposes to repeal and reserve N.J.A.C. 13:40-2.17 because the issue of review of an examination taken by an applicant is within the purview of the outside examination body, and such reviews are no longer performed by the Board.

Subchapter 3 sets forth the requirements for licensure and exemptions, the standards of practice and provisions related to misconduct. The Board proposes new rule N.J.A.C. 13:40-3.1 to clarify that persons cannot use titles that would indicate that they are licensed by the Board unless they are so licensed and that persons working for any State, county, municipal department or agency must be appropriately licensed. In addition, the Board proposes in this section that each licensee of the Board conspicuously display the certificate of licensure in the licensee's principal office, place of business or employment and that a licensee return all certificates of licensure and remove the license number from advertising and display if the Board suspends, fails to renew, or revokes a license. The rule further sets forth the requirements for obtaining replacement and duplicate certificates of licensure from the Board. The rule also provides that failure to return an invalid certificate of licensure will subject the individual to such penalties as provided by law and may be grounds for the Board to refuse to reinstate a license.

The Board proposes a new rule at N.J.A.C. 13:40-3.2 which consolidates the various statutory exemptions to licensure, This proposed new rule also clarifies the extent to which professional engineers may perform measurements for an engineering project and prohibits a licensed professional engineer from preparing a topographic or any other survey. It also specifies that when preparing a plan, a licensed professional engineer may transfer existing conditions, including topography, onto the plan only if the information has been taken from a survey prepared by a licensed land surveyor.

The Board proposes a new rule at N.J.A.C. 13:40-3.3 establishing requirements for advertising by professional business entities comprised of professional engineers and/or land surveyors.

The Board proposes to recodify N.J.A.C. 13:40-8.1, 3.1 and 3.2 as 3.4, 3.5 and 3.6, respectively. The Board also proposes to amend N.J.A.C. 13:40-3.4 to make a change to clarify that the term "records" as defined in the section applies specifically to the section rather than the subchapter. A proposed amendment to N.J.A.C. 13:40-3.5 clarifies that misconduct regarding advertising includes not only advertising work or using claims of superiority that cannot be substantiated, but also advertising that is otherwise in violation of the new advertising rule at N.J.A.C. 13:40-3.3. Other proposed amendments make technical changes to the citation of the statutes and rules governing the licensure of professional engineers and land surveyors and in the name of the Board. The Board notes that a separate proposal published on August 2, 2004, at 36 N.J.R. 3500(a), is adopted elsewhere in this issue of the New Jersey Register, amending N.J.A.C. 13:40-3.1 (now proposed as recodified 3.5) and 5.1 and adding a new rule at N.J.A.C. 13:40-5.2 to clarify an existing statutory requirement that licensed land surveyors place corner markers when performing a survey or obtain a written waiver from the ultimate user after disclosing certain information. A proposed technical amendment to N.J.A.C. 13:40-3.6 clarifies the name of the Board.

Subchapter 4 contains general provisions which include the requirement for a licensee to notify the Board of a change of address and the rules concerning the requirements for a professional engineer who seeks licensure as a home inspector. The Board proposes a technical amendment to N.J.A.C. 13:40-4.1 and 4.2 to clarify the name of the Board. In addition, the Board proposes to delete a specific statutory citation in N.J.A.C. 13:40-4.1 relating to disciplinary action since other laws also govern disciplinary actions of licensees. Also, an amendment is proposed in N.J.A.C. 13:40-4.1 to clarify when service of process to a licensee's address will be deemed to be adequate notice for the commencement of any disciplinary proceedings.

Subchapter 5 concerns the regulation of land surveyors and the preparation of land surveys. The Board proposes several technical amendments to N.J.A.C. 13:40-5.1 to correct various rule and statute citations and to make grammatical corrections. In addition, the Board proposes to amend Subsection (d) to remove the generic term "stakes" as an appropriate corner marker because not all types of stakes are allowed to be used as corner markers. Also, the Board proposes to amend Subsection (g) to include a metes and bounds description of the property as an additional item that may be omitted where contractual agreements permit, notwithstanding any other provision of the rules to the contrary. The Board proposes to delete the sentence following paragraph (d)2 since it duplicates the language of paragraph d(3). The Board proposes to amend Subsection (h) to clarify that when any items are omitted under Subsection (g), the plat or plan of survey must delineate the items omitted. The Board also proposes to amend Subsection (i) to clarify that a description of the property surveyed must be either a metes and bounds description or one by reference to a filed plan, block and lot. Additionally, the Board proposes to remove a reference in Subsection (l) to a statutory section that has been repealed. As noted above, the Board published a separate proposal on August 2, 2004, at 36 N.J.R. 3500(a), adopted elsewhere in this issue of the New Jersey Register, amending N.J.A.C. 13:40-3.1 (now proposed as recodified 3.5) and 5.1 and adding a new rule at N.J.A.C. 13:40-5.2 to clarify an existing statutory requirement that licensed land surveyors place corner markers when performing a survey or obtain a written waiver from the ultimate user after disclosing certain information.

Subchapter 6 sets forth the various fees charged by the Board. The Board proposes to amend the section to remove the references to examination fees since these fees are no longer charged by the Board but rather by the outside examining agencies. In addition, the Board proposes to set the biennial fee for a retired license granted under N.J.A.C. 13:40-12.2 at $ 40.00 to defray costs of administering the retired license. The Board also proposes to change the nomenclature so that a person who wishes to reactivate a retired license, no-fee retired license or inactive license would pay an appropriate reactivation fee in lieu of a reinstatement fee. The proposed amendment also provides that the reactivation fee for an inactive license would be $ 80.00. Furthermore, the Board proposes to amend the section to include an inactive license fee that would be determined by the Director of Consumer Affairs by rule. The Board also proposes to amend the section to clarify the reference to the fee for duplicate certificates rather than duplicate licenses. Paragraph (a)12 concerning the dissemination of copies of the roster of Board licensees and the fee charged for additional copies is proposed to be deleted since this information is readily available from the Division of Consumer Affairs website. In addition, the Board periodically prints this information and provides it to the public in conformance with the Open Public Records Act. The Board also proposes to delete paragraph (a)15 regarding payment for exam review because the Board no longer performs this function and the underlying rule, N.J.A.C. 13:40-2.17, is proposed to be repealed. The Board proposes to amend Subsection (b) to clarify that, consistent with proposed N.J.A.C. 13:40-10, certificates of authorization also may be issued to limited liability companies offering to provide engineering or land surveying services.

Subchapter 7 concerns the division of responsibility in submissions of site plans and major subdivision plats. The Board proposes to make a technical amendment to N.J.A.C. 13:40-7.1 to correct the statutory citation to the Municipal Land Use Law. The Board also proposes to amend N.J.A.C. 13:40-7.5 to make a grammatical correction. Subchapter 8, as proposed, concerns the sealing and title block requirements for professional engineers and land surveyors. As noted above, the Board proposes to recodify N.J.A.C. 13:40-8.1 as N.J.A.C. 13:40-3.4 with amendments and replace this subchapter with the recodified sections from N.J.A.C. 13:40-1. In addition, the Board proposes to amend N.J.A.C. 13:40-8.1 to clarify that the design of the seal must contain the licensee's name, license number and appropriate title and to require that the professional business entity's name and, as appropriate, the entity's certificate of authorization number appear on documents that are required to be signed and sealed. The Board also proposes to amend N.J.A.C. 13:40-8.3 to include the address of the firm of the licensee who is signing a title block and to clarify the types and appropriate designations for firms engaged in practice. The proposed amendments to this section also clarify that the title block must include the license number, rather than the certificate number, of the person(s) in responsible charge and include the rule citation for the certificate of authorization requirement. Subchapter 9 sets forth the Board's requirements for the supervision of subordinates and persons in responsible charge of engineering and land surveying work.

Subchapter 10 sets forth the requirements regarding the issuance of certificates of authorization for corporations and limited liability companies. The Board proposes to recodify N.J.A.C. 13:40-10.1 as 10.3 and proposes a new rule at N.J.A.C. 13:40-10.1 clarifying the process and requirements for obtaining a certificate of authorization. The Board also proposes a new rule at N.J.A.C. 13:40-10.2 to clarify the requirements for biennial renewal for holders of certificates of authorization. The Board proposes to amend N.J.A.C. 13:40-10.3, recodified from N.J.A.C. 13:40-10.1, to clarify that limited liability companies are also required to obtain certificates of authorization as well as to include the citation to the rule requiring certificates of authorization. In addition, the Board proposes to clarify that corporations and limited liability companies that do not have an officer or employee who is a licensee in responsible charge, rather than a licensed full-time employee, must contract with a licensee who would render services and be listed as being in responsible charge. The Board believes that a firm holding a certificate of authorization must have a licensee who is in responsible charge and the status of that employee as full-time does not indicate the extent of the licensee's responsibility. This section is also proposed to be amended to clarify that licensees who are listed by holders of certificates of authorization as being in responsible charge must notify the Board within 30 days of any change of in the information furnished in connection with the application for a certificate of authorization. Subchapter 11 concerns the continuing competency requirements for land surveyors. The Board proposes an amendment to N.J.A.C. 13:40-11.2 to delete the definition of "continuing education unit (CEU)" because the definition is redundant and confusing as the Board uses the term "professional development hour" throughout this subchapter. The Board is proposing an additional amendment to N.J.A.C. 13:40-11.2 in the definition of "professional development hour" (PDH) to make clear that a PDH is the same as a continuing professional competency credit referred to in N.J.S.A. 45:8-35.2. The Board also proposes to amend N.J.A.C. 13:40-11.6 to make the use of the term "professional development hour" consistent in its rules. In addition, the Board proposes to amend N.J.A.C. 13:40-11.8 to clarify that the Board may not only waive its continuing competency requirements, but may also extend or otherwise modify the requirements when appropriately justified by a licensee. The Board also proposes to amend N.J.A.C. 13:40-11.12 to clarify that a program provider must disclose the number of credits or contact hours. Other proposed amendments would remove a reference to the term "CEU" consistent with its deletion from the definition section, clarify that an enrollee must successfully complete the program to receive verification of completion, rather than a verification of attendance and require that a program provider supply the Board with such documentation as requested by the Board.

Subchapter 12 sets forth the requirements for licensees who wish to obtain a retired license or a no-fee retired license. The Board proposes to amend N.J.A.C. 13:40-12.2 to clarify that a retired licensee may use the title "Professional Engineer" or "Land Surveyor" or a substantially similar title only if the retired licensee uses the designation "Retired" following his or her name. The Board also proposes to amend N.J.A.C. 13:40-12.4 to clarify that a licensee with a retired license or a no-fee retired license must pay a reactivation fee rather than a reinstatement fee.

Subchapters 13 and 14 are reserved.

Subchapter 15 concerns the licensure and regulation standards for home inspectors and associate home inspectors. The Board, in consultation with the Home Inspector Advisory Committee, has proposed the readoption of the rules in Subchapter 15 with amendments. The Board proposes to amend N.J.A.C. 13:40-15.1 to remove a date setting forth when a person may perform or hold oneself out as permitted to perform a home inspection without a license since that date has passed. The Board proposes to amend N.J.A.C. 13:40-15.2 to clarify in the definitions of "home inspection" and "home inspection report" that the service performed must be for a fee or any other consideration. The Board proposes to make technical amendments to N.J.A.C. 13:40-15.4 reflect statutory changes that extended the period for initial licensure by "grandfathering" to December 30, 2005.

The Board proposes to amend N.J.A.C. 13:40-15.14 to allow direct, on-site supervision of associate home inspectors and trainees during home inspections used for training purposes as a method to obtain continuing education. Under this proposed amendment, a licensee would be eligible for one continuing education unit per home inspection used for training purposes up to 16 units per biennial registration period and would be required to maintain documentation related to these training home inspections and the participants. In addition, the Board proposes to amend this section to allow licensees to earn up to 10 units by successfully completing correspondence, Internet or other distance learning courses approved by the Committee. The Board proposes a technical amendment to remove an effective date that has passed. The Board also proposes to amend the section to clarify that the committee may not only waive its continuing education requirements, but may also extend or otherwise modify the requirements when appropriately justified by a licensee.

The Board has determined that the comment period for this proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The Board believes that the existing rules, which have been in effect for the past five years, have protected the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to engage in the practice of professional engineering, land surveying and home inspection. The rules proposed for readoption and proposed new rules establish the requisite standards of licensure in the State and positively affect the regulated community by clarifying the varied aspects of professional engineering, land surveying and home inspection practice for the benefit of all Board licensees and applicants for licensure. The readoption with amendments of N.J.A.C. 13:40 and the proposed new rules are essential in order for the Board to continue to regulate the practice of engineering, land surveying and home inspection, to identify those individuals who are qualified to render engineering, land surveying and home inspection services, and to ensure that every licensee is aware of the procedures involved with licensure and the practice of engineering, land surveying and home inspecting. The rules proposed for readoption with amendments and proposed new rules continue the accepted standards of engineering, land surveying and home inspecting services, and in so doing, provides licensees with a clear and comprehensive set of rules to guide them in their professional practice. Applicants for licensure will benefit by having a set of rules which establish the manner in which they qualify for licensure. The Board believes that the rules proposed for readoption with amendments and proposed new rules will have a positive impact upon the public by continuing to safeguard the public health, safety and welfare by ensuring the maintenance of professional practice standards which enable licensees to provide the highest quality level of services.

Economic Impact

The Board anticipates that the rules proposed for readoption will not impose any additional significant costs upon applicants seeking licensure, licensees or sponsors of continuing education programs. The proposed readoption of the existing rules will continue the economic impact that the rules have had on such persons for the past five years. The readoption of the existing rules in N.J.A.C. 13:40 impose the following economic costs.

Subchapter 2 will continue to have an economic impact upon applicants for licensure to the extent that applicants will incur costs associated with submitting applications, which include application fees, examination fees and transcript fees. Additionally, applicants with a non-United States degree from a non-ABET accredited school may incur a cost to have their transcripts reviewed by a Board approved transcript review service. N.J.A.C. 13:40-2.15 sets forth the existing requirements for biennial license renewal including the payment of license renewal fees and late, reinstatement and reactivation fees when appropriate.

N.J.A.C. 13:40-3.3 sets forth the advertising rules that require certain information be included on advertisements by licensees. The Board anticipates allowing an appropriate grace period to allow licensees to use up existing stock and make the appropriate changes, but to the extent that licensees existing brochures and other advertisements not meet this standards by the end of the grace period, these licensees will incur costs for reprinting or otherwise adopting these changes. N.J.A.C. 13:40-3.4 requires licensees to maintain records and documents generated for engineering and land surveying projects. N.J.A.C. 13:40-4.1 requires that licensees notify the Board of a change of address, which may result in minimal costs to licensees for postage charges.

Subchapter 6 sets forth the fees which must be remitted to the Board by licensees for applications, initial and biennial license renewal, late fees, reinstatement and reactivation fees, duplicate certificate and replacement fees as well as fees for reviewing continuing competency programs.

N.J.A.C. 13:40-8.1 will continue to have an economic impact upon licensees to the extent that licensees are required to have an impression-type seal for sealing documents related to the practice of professional engineering and/or land surveying. N.J.A.C. 13:40-9.1 requires licensees to maintain records and documents generated for engineering and land surveying projects.

The continuing competency requirements outlined in Subchapter 11 will continue to have an economic impact upon land surveyors. Licensees will incur the costs of enrolling in courses and programs as well as the administrative costs of enrolling in courses and programs as well as the administrative costs associated with maintaining records of attendance. Additionally, a licensee's failure to satisfy the continuing competency requirement could have an economic impact to the extent that a licensee may be subject to the penalties se forth in N.J.S.A. 45:8-35.9. N.J.A.C. 13:40-11.11 will continue to have an economic impact upon course providers and licensees who will incur a cost to have a continuing competency course or program reviewed by the Board. Subchapter 12 will continue to have an economic impact upon applicants for retired licensee status to the extent that they must submit an application fee.

The Board believes that any economic impact that may be experienced by applicants or licensees as a result of the readoption is significantly outweighed by the necessary consumer protection measures established by this chapter. N.J.A.C. 13:40-15.4, 15.5 and 15.6 require applicants for licensure as home inspectors to qualify for licensure and pay an application fee. N.J.A.C. 13:40-15.8 requires licensed home inspectors to purchase and 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. N.J.A.C. 13:40-15.9 requires licensed home inspectors to carry an identification card issued by the Committee and to pay a fee for replacement cards. N.J.A.C. 13:40-15.10 requires that licensees renew their licenses biennially and pay a license renewal fee and late and reinstatement fees when appropriate. N.J.A.C. 13:40-15.11 allows licensees to select an inactive status and requires the payment of a fee to be established by the Director of Consumer Affairs. This section also requires those who wish to return to active status from inactive status to complete certain continuing education requirements and pay a reactivation fee. N.J.A.C. 13:40-15.12 sets forth the requirements for reinstatement of a suspended license, including the completion of continuing education and the payment of a reinstatement fee. N.J.A.C. 13:40-15.14 sets forth the continuing education requirements, including the completion of 40 continuing education units per biennial renewal cycle. The section also provides for the review by the Committee of courses and programs offered by sponsors who must pay a fee per submission of programs for review by the Committee. N.J.A.C. 13:40-15.17 sets forth mandatory tools and equipment that a home inspector must use during home inspections, the purchase of which will have an economic impact upon the licensee. N.J.A.C. 13:40-15.18 requires specific elements to be included in advertising by home inspectors. N.J.A.C. 13:40-15.20 sets forth the acts that may lead to license suspension and prevent a licensee from engaging in the practice of home inspection. N.J.A.C. 13:40-15.21 sets forth the requirements for licensure by comity including the payment of fees. N.J.A.C. 13:40-15.23 sets forth the fee schedule which includes application, initial and renewal license, late, reinstatement, reactivation and continuation education course review fees.

Federal Standards Statement

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

Jobs Impact

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

Agriculture Industry Impact

The Board believes that the rules proposed for readoption with amendments and proposed new rules will not affect the agriculture industry in the State.

Regulatory Flexibility Analysis

Currently, the Board licenses approximately 18,600 professional engineers, 1,400 land surveyors, 460 home inspectors and 40 associate 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.

Subchapter 2 contains numerous compliance and reporting requirements for persons applying to take examinations to be licensed as engineers-in-training, professional engineers, surveyors-in-training or land surveyors. As outlined in N.J.A.C. 13:40-2.1 through 2.16, applicants must meet prescribed eligibility requirements and submit typewritten, notarized application forms with supporting documentation which include: transcripts, letters of reference, proof of practical experience under the regular and effective supervision of a licensed professional, and other materials as directed by the rules which are pertinent to the category of license applied for. Applicants are also required to pay application and examination fees, meet deadlines, and verify that the Board has received all of the required materials by the deadline date. If approved to sit for an examination, applicants are required to notify the Board of the date they intend to take the examination. Applicants who have had an application canceled are required to resubmit an application to the Board and to abide by the eligibility requirements applicable at the time of the new application. The reapplication form must contain supporting documentation and a letter referencing any prior application number by the deadline prescribed in the new application packet. In the event that an applicant has received a degree from a country where the official language is other than English, the applicant is also required to submit proof that the language comprehension requirement has been satisfied. In complying with these rules, applicants will be required to remit the appropriate application fees and examination fees and pay to have transcripts transmitted to the Board from educational institutions. Additionally, applicants may be required to contract for professional services which include, testing and translation services and a Board approved transcript review service and pay the costs associated with each.

Subchapter 3 imposes various compliance requirements. N.J.A.C. 13:40-3.3 sets forth the requirements for advertising including specific content and recordkeeping requirements. N.J.A.C. 13:40-3.4 imposes recordkeeping and compliance requirements. Licensees must maintain possession of originals of records which include plans, reports, documents, field notes and other items or work products generated for an engineering or land surveying project. In addition, the rule requires licensees to provide copies of all records generated for the engineering or land surveying project to clients. The copies must include a disclaimer which indicates that the data utilized in the documents may have changed since the date of the original drawing, map or plat. Included in N.J.A.C. 13:40-3.5 is a duty to notify proper authorities and withdraw from service on a project when a client or employer insists on conduct which disregards the health, safety and welfare of the public and to cooperate with the Board in any investigative inquiry relating to possible violations of any statute or regulation administered by the Board.

Subchapter 4 requires licensees to notify the Board of a change of address no later than 30 days following the change of address.

As discussed in the Summary above, Subchapter 5 imposes compliance requirements for the preparation of land surveys and the setting of property corner markers.

Subchapter 6 requires licensees and applicants for licensure to remit designated fees to the Board.

Subchapter 7 continues to impose numerous compliance requirements for the preparation and submission of site plans and major subdivision plans. N.J.A.C. 13:40-7.1 provides that the preparation and submission of the various elements of site plans and major subdivision plans shall be within the professional scope of the various professions listed in the subchapter. N.J.A.C. 13:40-7.2(a) provides that depiction of existing conditions and the exact location of various enumerated physical features on a survey may only be prepared by a land surveyor. N.J.A.C. 13:40-7.2(a)1 requires submission of a signed and sealed copy of the survey to the reviewing governmental body. N.J.A.C. 13:40-7.2(b) specifies that depiction of vegetation, general flood plain determination, or the general location of utilities, buildings, or structures can be performed by an architect, planner, engineer, land surveyor, certified landscape architect or other person acceptable to the reviewing governmental body. N.J.A.C. 13:40-7.3 designates which professionals can prepare various components of a site plan. N.J.A.C. 13:40-7.4(a) establishes which professionals can perform each preparation for a major subdivision.

Subchapter 8 imposes compliance requirements upon licensees for signing and sealing documents and title blocks.

N.J.A.C. 13:40-8.1 requires professional engineers and land surveyors to sign and seal various documents as enumerated in the rule. If the document includes the work of more than one professional, each person must sign and seal the document and refer to the work performed by each. Additionally, N.J.A.C. 13:40-8.1 requires the sealing of documents with an impression-type seal. The rule also contains requirements for the content, form and placement of title blocks on documents. Compliance costs associated with signing and sealing of documents include the cost of an impression-type seal.

Subchapter 9 requires licensees who are in responsible charge of a project to exercise regular and effective supervision over individuals performing services which affect the quality of the work rendered by the licensee and to maintain records of such supervision.

Subchapter 10 imposes compliance and recordkeeping requirements regarding the issuance of certificates of authorization. N.J.A.C. 13:40-10.1 requires that prior to rendering professional engineering and/or land surveying services, a business corporation or limited liability company must obtain a certificate of authorization. N.J.A.C. 13:40-10.2 requires that business corporations and limited liability companies with certificates of authorization must renew the certificates biennially. N.J.A.C. 13:40-10.3 requires business corporations and limited liability companies that do not employ a licensed professional engineer and/or land surveyor who is in responsible charge to enter into a contract with a licensee before offering or rendering professional services, in addition to obtaining a certificate of authorization from the Board.

Subchapter 11 sets forth compliance and reporting requirements for land surveyors who must complete and document continuing professional competency. N.J.A.C. 13:40-11.3 requires applicants, as a condition of license renewal, to earn 24 professional development hours during the preceding biennial renewal period. As set forth in N.J.A.C. 13:40-11.5 and 11.11, continuing professional competency hours may only be earned in approved courses or programs, which meet specified criteria. N.J.A.C. 13:40-11.7 requires licensees to provide a signed statement certifying completion of the continuing competency requirements and to maintain all records for two biennial periods following completion of the requirements. N.J.A.C. 13:40-11.8 imposes compliance requirements for those licensees who wish to obtain a waiver of the continuing competency requirements. N.J.A.C. 13:40-11.9 and 11.10 require proof of completion of professional development hours as a condition of having a licensee restored or for non-resident licensees respectively. N.J.A.C. 13:40-11.4 and 11.12 contain compliance requirements applicable to professional development program providers. N.J.A.C. 13:27-11.4 requires program providers to submit a fee and documentation in order to be approved by the Board. N.J.A.C. 13:40-11.12 sets out the responsibilities of course or program providers pertinent to offering a course or program for licensees. Compliance costs associated with this section would be the cost incurred by sponsors offering programs and the costs incurred by licensees who must enroll in courses to earn the required number of professional development hours.

Subchapter 12 contains compliance and reporting requirements for licensees seeking retired status or no-fee retired fee status. N.J.A.C. 13:40-12.1 requires licensees seeking retired or no-fee retired status to demonstrate they have met the eligibility criteria and prohibits them from engaging in the practice of professional engineering or land surveying. N.J.A.C. 13:40-12.2 requires applicants for retired status to submit an application form and fee. Additionally, if a licensee wishes to maintain the retired status, the licensee is required to remit a biennial retired license fee. N.J.A.C. 13:40-12.3 requires licensees seeking no-fee retired status to submit an application form. N.J.A.C. 13:40-12.4 requires licensees who are in retired or no-fee retired status to submit an application, fees and supporting documentation in order to be eligible to resume practice.

Subchapter 15 contains compliance, reporting and recordkeeping requirements for home inspector applicants, licensees and sponsors of continuing education programs. N.J.A.C. 13:40-15.4 through 15.6 require that applicants for licensure as home inspectors or associate home inspectors must meet prescribed eligibility requirements and submit application forms with supporting documentation which include: transcripts, letters of reference, proof of practical experience under the regular and effective supervision of a licensed professional, and other materials as directed by the rules which are pertinent to the category of license applied for. Applicants are also required to pay application and examination fees. N.J.A.C. 13:40-15.7 contains compliance requirements for associate home inspectors to be under the regular and effective, direct supervision of a licensed home inspector. N.J.A.C. 13:40-15.8 requires that home inspectors comply with the minimum errors and omissions insurance requirement. N.J.A.C. 13:40-15.9 requires licensees to carry photo identification cards. N.J.A.C. 13:40-15.10 requires that licensees renew their licenses on a biennial basis including the payment of a fee. N.J.A.C. 13:40-15.11 and 15.12 set forth the compliance requirements for licensees with inactive or suspended licenses who wish to have their licenses reinstated including the payment of fees. N.J.A.C. 13:40-15.13 requires licensees to notify the Committee within 30 days of an address change. N.J.A.C. 13:40-15.14 sets forth the 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. N.J.A.C. 13:40-15.15 sets forth the compliance and recordkeeping requirements concerning pre-inspection agreements between the home inspector and the client. N.J.A.C. 13:40-15.16 sets forth compliance and recordkeeping standards of practice for licensees for which a licensee may be suspended for violation of any of these standards. N.J.A.C. 13:40-15.17 requires that licensees maintain specific tools and equipment for use while performing home inspections. N.J.A.C. 13:40-15.18 sets forth the compliance and recordkeeping requirements for advertising by licensees including specific content that must be included in all advertising. N.J.A.C. 13:40-15.19 sets forth the prohibited acts as to which licensees must comply or face discipline for misconduct, N.J.A.C. 13:40-15.21 sets forth the application requirements for licensure by comity. N.J.A.C. 13:40-15.23 requires licensees, applicants for licensure and sponsors of continuing education programs to remit designated fees to the Committee.

The rules do not impose any other compliance, reporting or recordkeeping requirements. No additional professional services will be needed to comply with the rules. The Board views the rules proposed for readoption with amendments and proposed new rules to be necessary to promote and protect the public welfare; thus the Board has provided no differing or lesser standards for small businesses.

Smart Growth Impact

The Board does not believe that the rules proposed for readoption with amendments and proposed new rules will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:40.

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

(Agency Note: N.J.A.C. 13:40-1 is proposed for recodification with amendments as N.J.A.C. 13:40-8.)

SUBCHAPTER 1. PURPOSE AND SCOPE; DEFINITIONS

13:40-1.1 Purpose

The purpose of this chapter is to regulate the practices of professional engineering, land surveying and home inspection in the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq.

13:40-1.2 Scope

This chapter shall apply to all applicants seeking licensure as professional engineers, land surveyors and/or home inspectors and all licensees practicing professional engineering, land surveying and home inspecting in the State of New Jersey.

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:

"Advertisement" means any communication to the public including, but not limited to, newspaper, periodical, journal, flyer, brochure, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), radio, telephone for the purpose of solicitation, television, Internet, or any other print or electronic media in which engineering or land surveying services are offered or by which the availability of engineering or land surveying services is made known.

"Board" means the State Board of Professional Engineers and Land Surveyors.

"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 land surveying pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.

"Closely allied professionals" means and is limited to licensed architects, professional engineers, land surveyors, professional planners and certified landscape architects pursuant to N.J.S.A. 45:8-28(j) and 45:4B-3.

"Engineer" or "professional engineer" means a person who has been duly licensed as a professional engineer by the Board.

"Engineering." "professional engineering" or "practice of engineering" means any service or creative work the adequate performance of which requires engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies and the administration of construction for the purpose of determining compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The practice of professional engineering does not include the work ordinarily performed by persons who operate or maintain machinery or equipment.

"Engineer-in-training" means a person who is registered as an engineer-in-training by the Board.

"Joint Committee" means the Joint Committee of Architects and Engineers established pursuant to the Building Design Services Act, N.J.S.A. 45:4B-1 et seq.

"Land information systems" means any computer coded spatial database designed for multi-purpose public use developed from or based on property boundaries.

"Land surveying" "surveying" or "practice of land surveying" means any service or work the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law to the act of measuring and locating distances, directions, elevations, topography including natural and man-made topographical features in the air, on the surface of the earth, within underground workings, and on beds of bodies of water for the purpose of determining areas and volumes, and for the establishing of horizontal and vertical control as it relates to construction stake-out, for the monumentation of property boundaries and for platting and layout of lands and subdivisions thereof and for the preparation and perpetuation of maps, record plats, field notes, records and property descriptions in manual and computer coded form that represent these surveys. The practice of land surveying includes the establishment and maintenance of the base mapping and related control for land information systems that are developed from the practice of land surveying.

"Land surveyor" or "surveyor" means a person who has been duly licensed as a land surveyor by the Board.

"License" means official documents issued by the Board to an individual attesting to the fact that the individual has met the minimum requirements to practice professional engineering or land surveying in the State of New Jersey.

"Limited liability company," "LLC" or "L.L.C." means a business entity organized in compliance with the Limited Liability Company Act, N.J.S.A. 42:2B-1 et seq., to engage in and carry on any lawful business., purpose or activity that combines the attributes of both a corporation and a partnership and provides the limited liability generally associated with a corporation and the Federal tax treatment of a partnership.

"Limited liability partnership," "LLP" or "L.L.P." means an association of two or more persons to carry on as owners of a business for profit, which partnership is formed pursuant to an agreement governed by the law of New Jersey, is registered pursuant to N.J.S.A. 42:1-44 and is in compliance with N.J.S.A. 42:1-45.

"Person" means any individual or any business association or entity.

"Professional business entity" means a sole proprietorship of a licensed professional engineer or land surveyor; a partnership, including a limited liability partnership, of licensed professional engineers and/or land surveyors; a partnership, including a limited liability partnership, of closely allied professionals, including at least one licensed professional engineer or licensed land surveyor; a professional service corporation of persons providing closely allied professional services as defined by N.J.S.A. 14A:17-3, including at least one licensed engineer or licensed land surveyor, established pursuant to the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq.; or a limited liability company or a corporation either of which is required to hold a Certificate of Authorization from the State Board of Professional Engineers and Land Surveyors pursuant to N.J.A.C. 13:40-10.

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

"Surveyor-in-training" means a person who is registered as a surveyor-in-training by the Board.

"Telecommunications" means subjects which deal with the generation, transmission, receiving, and processing of information bearing signals for the purpose of fulfilling a particular communication need. The most common forms of signals are those encountered in voice, image, and data transmission. Subjects relevant to telecommunications include but are not limited to: analog and digital circuits, propagation of electromagnetic energy through guided media such as a transmission line, fibers, wave guides, and unguided media such as free space as in broadcast and mobile communication systems, communication theory, including modulation, noise interference, and the interface with computers.

SUBCHAPTER 2. APPLICATION REQUIREMENTS; LICENSING; BIENNIAL RENEWAL; INACTIVE STATUS

13:40-2.1 Application submission

[(a) An applicant for licensure shall file with the Board the following:

1. A completed application, typewritten and notarized;

2. Supplemental documents as required by N.J.A.C. 13:40-2.4 through 2.7 for engineer-in-training, professional engineer, surveyor-in-training, and land surveyor, respectively;

3. The appropriate fee required by N.J.A.C. 13:40-6.1(a)1; and

4. References pursuant to N.J.A.C. 13:40-2.13.]

[(b)](a) An applicant for licensure or registration shall submit a completed application as required under this subchapter on a form provided by the Board. The application and materials required [by (a) above] under this subchapter for licensure or registration shall be postmarked and sent to the Board office by the deadline prescribed in the application packet for an applicant to be considered eligible for admission to the next regularly scheduled examination. The applicant shall be responsible to verify the receipt of all the required materials by the Board office.

[(c)](b) The application shall be reviewed only upon receipt of all the required materials.

[13:40-2.2 Failure to timely submit application]

(c) An application and other required materials [as set forth in N.J.A.C. 13:40-2.1(a)] that are not postmarked by the prescribed deadline shall not be reviewed for the next scheduled examination. The application shall be held and reviewed for the subsequent scheduled examination, provided that the application and all required materials are postmarked and sent to the Board office by the deadline prescribed for that examination.

13:40-[2.15]2.2 Scheduling of examination

(a) Upon the timely submission of [an] a completed application and all supplemental materials [as required by N.J.A.C. 13:40-2.1], including references and fees, the application shall be reviewed. If the application and supplemental materials satisfy the requirements of this subchapter, the applicant shall be permitted to take the licensing examination.

(b) Upon finding an applicant qualified to sit for an examination, the Board shall forward a packet to the applicant advising that the applicant is eligible to take the examination on one of two dates specified within the packet. The applicant shall choose one of the two dates, so indicate in the materials sent by the Board, and return the completed material to the Board along with the examination fee as required by [N.J.A.C. 13:40-6.1(a)2] the examiner. The choice of examination date must be postmarked and mailed to the Board office by the deadline specified in the packet.

13:40-2.3 Cancellation of application; reapplication

(a) All applications to take an examination for licensure [submitted after May 15, 2000] shall be valid for five years from the date of initial Board approval; after five years, the application shall be canceled.

(b) (No change.)

(c) Upon reapplication, the applicant shall have postmarked and sent to the Board by the deadline prescribed in the new application packet a new application, the appropriate fees as required pursuant to N.J.A.C. 13:40- 6.1(a)1, all other required materials [as set forth in N.J.A.C. 13:40-2.1 (a)], and a letter referencing any application number previously assigned by the Board.

13:40-2.4 Engineer-in-training: application procedure; eligibility requirements; requirements for juniors and seniors to sit for Part F portion

(a) [An applicant] To be eligible for a certificate of registration as an engineer-in-training, an applicant shall [submit the following to the Board]:

1. [A] Submit a completed, typewritten and notarized application which contains information concerning the applicant's [educational and experiential] background;

2. [The] Pay the application fee set forth in N.J.A.C. 13:40-6.l(a)l;

3. [An] Submit an official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13:40-2.8 in either engineering or engineering technology;

4. [References as set forth in N.J.A.C. 13:40-2.13; and] Submit a minimum of three references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training, one of whom shall be a licensed professional engineer in the United States;

5. [For an applicant who has received an undergraduate degree from a country where the official language is other than English,] Submit proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14 if the applicant has received an undergraduate degree from a school located in a country where the official language is other than English; and

6. Successfully complete the Part F portion of the examination unless waived by the Board pursuant to N.J.A.C. 13:40-2.12.

(b) [An applicant] A person in his or her junior or senior year of college pursuing either a degree in engineering or engineering technology shall be permitted to sit for the Part F portion of the examination if:

1. The applicant [meets the educational standards as set forth in N.J.A.C. 13:40- 2.8] submits a completed. typewritten and notarized application which contains information concerning the applicant's background;

2. The Board receives a letter from the applicant's school indicating that the applicant is currently enrolled as a junior or senior in good academic standing;

3. (No change.)

4. [The Board receives references as set forth in N.J.A.C, 13:40-2.13; and] The applicant submits a minimum of three references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training, one of whom shall be a licensed professional engineer in the United States;

5. The applicant pays the application fee required of engineer-in-training applicants as set forth in N.J.A.C. 13:40-6.1(a)1; and

[5.]6. For an applicant who [has received] is pursuing his or her undergraduate degree from a school located in a country where the official language is other than English, the Board receives proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14.

[(c) To be eligible to sit for the fundamentals of engineering examination, an applicant who has received an engineering degree from a college or university not located in the United States shall have two years of professional engineering experience which has been gained under the regular and effective supervision of a licensed engineer in the United States.]

13:40-2.5 Professional engineer: application procedure; eligibility requirements

(a) An applicant for examination as a professional engineer shall submit the following to the Board:

1. A completed, typewritten and notarized application which contains information concerning the applicant's educational and experiential background;

2. (No change.)

3. An official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13:40-2.8 in either engineering or engineering technology;

4. [References as set forth in N.J.A.C. 13:40-2.13; and] A minimum of five references that comply with N.J.A.C. 13:40-2.13 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. The professional references for that portion of the applicant's experience constituting the minimum experience required for licensure shall be professional engineers who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. 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; and

5. For an applicant who has received his or her undergraduate degree from a school located in a country where the official language is other than English, proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14.

(b) To be eligible for licensure, the applicant shall have successfully passed the three-part examination for licensure consisting of:

1. Part F--Fundamentals of Engineering which may be waived by the Board pursuant to N.J.A.C. 13:40-2.12;

2.-3. (No change.)

(c) (No change.)

13:40-2.6 Surveyor-in-training; application procedure; eligibility requirements

(a) [An applicant] To be eligible for a certificate of registration as a surveyor-in-training, an applicant shall [submit the following to the Board]:

1. [A] Submit a completed, typewritten and notarized application which contains information concerning the applicant's [educational and experiential] background;

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

3. [An] Submit an official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13:40-2.9;

4. [References as set forth in N.J.A.C. 13:40-2.13] Submit a minimum of three references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training one of whom shall be a licensed land surveyor in the United States; and

5. [For an applicant who has received an undergraduate degree from a country where the official language is other than English,] Submit proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14 if the applicant has received an undergraduate degree from a school located in a country where the official language is other than English.

(b) [An applicant in their] A person in his or her junior or senior year of college pursuing a degree in land surveying shall be permitted to sit for the Part F portion of the examination if:

1. The applicant [meets the educational standards as set forth in N.J.A.C. 13:40-2.9] submits a completed, typewritten and notarized application which contains information concerning the applicants background;

2. The Board receives a letter from the applicant's school indicating that the applicant is currently enrolled as a junior or senior in good academic standing;

3. (No change.)

4. [The Board receives references as set forth in N.J.A.C. 13:40-2.13; and] The applicant submits a minimum of three references that comply with N.J.A.C. 13:40-2.13 and are from persons who have personal knowledge of the applicant's experience or training, one of whom shall be a licensed land surveyor in the United States;

5. The applicant pays the application fee required of surveyor-in-training applicants as set forth in N.J.A.C. 13:40-6.1(a)1; and

[5.]6. For an applicant who [has received] is pursuing an undergraduate degree from a school located in a country where the official language is other than English, the Board receives proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14.

[(c) To be eligible to sit for the fundamentals of land surveying examination, an applicant who has received a land surveying degree from a college or university not located in the United States shall have two years of professional land surveying experience which has been gained under the regular and effective supervision of a land surveyor licensed in the United States.]

13:40-2.7 Land surveyor; application procedures; eligibility requirements

(a) An applicant for licensure as a land surveyor shall submit the following to the Board:

1. A completed, typewritten and notarized application which contains information concerning the applicant's educational and experiential background;

2.-3. (No change.)

4. [References as set forth in N.J.A.C. 13:40-2.13] A minimum of five references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training, three of whom shall be licensed land surveyors in the United States. The professional references for that portion of the applicant's experience constituting the minimum experience required for licensure shall be licensed land surveyors who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. Special circumstances may be considered by the Board at the time of application in such cases where a licensed land surveyor in responsible charge of the work being claimed by the applicant is not available; and

5. For an applicant who has received his or her undergraduate degree from a school located in a country where the official language is other than English, proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14.

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

13:40-2.8 Education requirements: engineer-in-training and professional engineer

(a) Each applicant shall provide the Board with an official transcript reflecting the degree(s) earned by the applicant. The transcript must be sent directly from the educational institution to the Board and must include the Board-assigned application number of the applicant. In the event that any portion of the curriculum completed by the applicant as part of a master's degree is required to be considered by the Board for the applicant to meet the minimum education standards as set forth in (b) below, the applicant shall not receive the one year of experience credit as permitted by N.J.A.C. 13:40-2.10(b).

(b) [Engineering] An engineering curriculum shall not be accepted for licensure unless approved by the Board and shall consist of the following minimum requirements:

1. 128 semester hours, 80 of which shall consist of:

i. (No change.)

ii. 32 semester hours of engineering sciences; and

iii. (No change.)

2. (No change.)

(c) [Engineering] An engineering technology curriculum shall not be accepted for licensure unless approved by the Board and shall consist of the following minimum requirements:

1. (No change.)

2. For purposes of conversion, one semester hour equals 1.5 quarter hour credits.

(d) An applicant who has attended an educational institution that is both not accredited by the Accreditation Board for Engineering and Technology and not located in the United States shall have his or her degree evaluated by a transcript review service selected and approved by the Board. Reviews by other services other than those selected and approved by the Board shall not be accepted.

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

13:40-2.9 Education requirements: land surveyor-in-training; land surveyor

(a) Each applicant shall provide the Board with an official transcript reflecting the degree(s) earned by the applicant. The transcript shall be sent directly from the educational institution to the Board and shall include the Board assigned application number of the applicant. In the event that any portion of the curriculum completed by the applicant as part of a master's degree is required to be considered by the Board for the applicant to meet the minimum education standards as set forth in (b) below the applicant shall not receive the one year of experience credit as permitted by N.J.A.C. 13:40-2.11(b).

(b) [Land] A land surveying curriculum shall not be accepted for licensure unless approved by the Board and shall consist of the following minimum requirements:

1. [One hundred twenty-eight] 128 semester hours which shall consist of:

i. [Forty-five] 45 semester hours in surveying and mapping science and practice;

(1)-(2) (No change.)

ii. [Twenty-four] 24 semester hours of math, statistics and general science; and

iii. (No change.)

2. (No change.)

(c)-(e) (No change.)

13:40-2.10 Experience requirements; professional engineer

(a) (No change.)

(b) [Completion] Except as provided in N.J.A.C. 13:40-2.8(a), completion of a master's degree in engineering [may] shall be substituted for one year of the required professional experience required by (a)[1] above.

[1. A master's degree in engineering shall not be substituted for the original engineering design experience required by (a)2 above.]

(c) Completion of a doctorate degree in engineering [may] shall be substituted for [an additional] one year of the required professional experience required by (a)[1] above in addition to the amount of substituted experience allowed for the applicant pursuant to (b) above.

[l. A doctorate degree in engineering shall not be substituted for the original engineering design experience required by (a)2 above.]

(d) Completion of a master's or doctorate degree shall not exempt an applicant from the requirements of (a)1 and (a)2 above.

Recodify existing (d) and (e) as (e) and (f) (No change in text.)

13:40-2.11 Experience requirements; land surveyor

(a) (No change.)

(b) [Completion] Except as provided in N.J.A.C. 13:40-2.9(a), completion of a master's degree in land surveying [may] shall be substituted for one year of the required professional experience.

(c) Completion of a doctorate degree in land surveying [may] shall be substituted for [an additional] one year of the required professional experience in addition to the amount of substituted experience allowed for the applicant pursuant to (b) above.

(d)-(e) (No change.)

13:40-2.12 Waiver of the fundamentals of engineering examination

The Board may waive the fundamentals of engineering portion of the licensure examination provided that, in addition to the education requirements at N.J.A.C. 13:40-2.8, the applicant has a specific record of an additional 15 years or more of experience [at the time of application] in engineering work that the Board determines is consistent with the requirements of N.J.S.A. 45:8-2.8(b). Eight of the 15 years of experience must have been gained in the United States or must have been acquired while working for a United States based firm. At least two years of experience gained in the United States shall be original engineering design experience demonstrating increased responsibility over time. All experience shall be gained under the regular and effective supervision of a licensed professional engineer.

13:40-2.13 References

(a) (No change.)

[(b) References for specific applications shall be provided as follows:

1. Engineer-in-training applicants: A minimum of three references shall be required, of whom at least one shall be a licensed professional engineer in the United States and have personal knowledge of the applicant's experience or training.

2. Professional engineer applicants: A minimum of five references shall be required, of which at least three shall be licensed professional engineers in the United States having direct personal knowledge of the applicant's experience or training. The professional references for that portion of the applicant's experience constituting the minimum experience required for licensure shall be professional engineers who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. 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.

3. Surveyor-in-training applicants: A minimum of three references shall be required of whom at least one shall be a licensed land surveyor in the United States and have personal knowledge of the applicant's experience or training.

4. Professional land surveyor applicants: A minimum of five references shall be required, of which at least three shall be licensed professional land surveyors in the United States having direct personal knowledge of the applicant's experience or training. The professional references for that portion of the applicant's experience constituting the minimum experience required for licensure shall be licensed professional land surveyors who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. 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.]

(Agency Note: N.J.A.C. 13:40-2.15 is proposed for recodification with amendments as N.J.A.C. 13:40-2.2.)

13:40-2.15 Biennial license renewal; license suspension; reinstatement of suspended license; inactive status

(a) All licenses issued by the Board shall be issued for a biennial license period. A licensee who seeks renewal of the license shall submit prior to the expiration date of the license a completed renewal application, the renewal fee as set forth in N.J.A.C. 13:40-6.1, and, in the case of a land surveyor, a statement that the licensee has successfully completed the continuing competency requirements pursuant to N.J.A.C. 13:40-11.

(b) The Board shall send a notice of renewal to each licensee at the address registered with the Board at least 60 days prior to the expiration of the license. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the licensee for failure to renew.

(c) 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 completed renewal application, the renewal fee and late fee as set forth in N.J.A.C. 13:40-6.1, and, in the case of a land surveyor, a statement that the licensee has successfully completed the continuing competency requirements pursuant to N.J.A.C. 13:40-11. During this 30-day period, the license shall be valid, and the licensee shall not be deemed to be engaged in unauthorized practice.

(d) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual with a suspended license who holds himself or herself out as a professional engineer or a land surveyor shall be in violation of N.J.S.A. 45:8-27 and N.J.A.C. 13:40-3.1.

(e) A licensee whose license has been automatically suspended for five years or less for failure to renew pursuant to

(d) above may be reinstated by the Board upon completion of the following:

1. Payment of the reinstatement fee and all past delinquent biennial renewal fees as set forth in N.J.A.C. 13:40-6.1;

2. Submission of an affidavit of employment listing each job held during the period of suspended license which includes the name, address, and telephone number of each employer and a listing of every project and report that was signed and sealed by the licensee; and

3. In the case of a land surveyor, submission of proof of completion of the professional development hours required for each biennial licensure period for which the license was suspended.

(f) In addition to fulfilling the requirements set forth in (e) above, a licensee whose license has been automatically suspended for more than five years who wishes to return to practice shall reapply for licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while suspended may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license.

(g) Renewal applications shall provide the licensee with the option of either active or inactive status. A licensee electing inactive status shall pay the inactive license fee set forth in N.J.A.C. 13:40-6.1 and shall not hold himself or herself out as a professional engineer or land surveyor, as the case may be.

(h) A licensee who elected inactive status and has been on inactive status for five years or less may be reactivated by the Board upon completion of the following:

1. Payment of the biennial license fee and reactivation fee pursuant to N.J.A.C. 13:40-6.1;

2. Submission of an affidavit of employment listing each job held during the period the license was on inactive status which includes the name, address, and telephone number of each employer and a listing of every project and report that was signed and sealed by the licensee; and

3. In the case of a land surveyor, submission of proof of completion of the professional development required for each biennial licensure period for which the license was on inactive status.

(i) In addition to fulfilling the requirements set forth in (h) above, a licensee whose license has been on inactive status for more than five years who wishes to return to active status shall reapply for licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while on inactive status may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license.

13:40-2.16 Comity

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

(c) A record book from the National Council of Examiners for Engineering and Surveying (NCEES) shall be acceptable to the Board only if it is sent directly to the Board office from the National Council of Examiners for Engineering and Surveying. The applicant shall complete [the personal data portion of] the Board application form in its entirety. The record book shall meet the following requirements:

1.-3. (No change.)

13:40-2.17 [Review of examination](Reserved)

[(a) An applicant who has taken the fundamentals of engineering examination, fundamentals of land surveying examination, or the principles and practices of engineering and/or land surveying and the New Jersey Land Surveying examination, may request that his or her examination be hand-scored and review the score tabulations of the examination. The applicant may not personally review the exams.

(b) An applicant who has taken the principle and practices examination may request to review his or her solution pamphlet and the correct solution answers. The applicant may not retain or photocopy any of the materials provided during the review of the examination.

(c) All requests for scoring or review must be made in writing within 30 days of the postmark of the scores mailed to the applicant.

(d) An applicant may not appeal, or request a re-evaluation of any examination.]

SUBCHAPTER 3. LICENSURE REQUIREMENT; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT

13:40-3.1 Licensure requirement; issuance and display of certificate; advertising

(a) A person shall not use the title "professional engineer," "engineer" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice engineering in this State unless that person is licensed by the Board.

(b) A person shall not use the title "land surveyor," "surveyor" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice land surveying in this State unless that person is licensed by the Board.

(c) All professional engineering and land surveying performed for or by a department, institution, commission, board or body of the State Government or for or by any county, city, township, village, borough or other municipal corporation or other political subdivision in the State shall be performed by a licensed individual in conformance with N.J.S.A. 45:8-27 et seq., N.J.S.A. 45:4B-1 et seq. and N.J.A.C. 13:40.

(d) Every holder of a license shall display the license certificate in a conspicuous place in the licensee's principal office, place of business or employment.

(e) Each license number and license certificate containing the license number issued by the Board shall remain the property of the State of New Jersey, If the Board suspends, fails to renew, or revokes a license, the licensee shall immediately return all certificates to the Board and shall remove the license number from all advertising and anything else on which the license number is displayed or otherwise communicated.

(f) The Board shall issue a replacement license certificate to a licensee upon payment of the replacement certificate fee as set forth in N.J.A.C. 13:40-6.1 and receipt by the Board of an affidavit or certified statement attesting that the original was either lost destroyed, mutilated or is otherwise no longer in the custody of and cannot be recovered by the licensee.

(g) The Board shall issue a duplicate license certificate to a licensee upon payment of the duplicate certificate fee as set forth in N.J.A.C. 13:40-6.1 and receipt by the Board of an affidavit or certified statement that the licensee has multiple places of business in which the licensee must display a certificate. A licensee shall not possess more certificates than the number of places of business utilized by the licensee.

(h) Failure to return a license certificate which has been rendered invalid shall subject the individual to such penalties as provided by law and may be grounds for the Board to refuse to reinstate a license.

13:40-3.2 Licensure exemptions: acceptable measurements by professional engineers

(a) The following persons shall be exempt from the licensure requirements of N.J.A.C. 13:40-3.1:

1. An individual not a resident of and having no established place of business in this State who practices or offers to practice professional engineering or land surveying when such practice does not exceed in the aggregate 30 consecutive days in any calendar years provided that the individual is legally qualified by license to practice professional engineering or land surveying in any State or country in which the requirements and qualifications for licensure are at least comparable to those required by the Board and no final plans or reports are submitted by the individual;

2. An individual not a resident of and having no established place of business in this State or who recently becomes a resident of this State, who practices or offers to practice professional engineering or land surveying for more than 30 days in any calendar year if the individual has filed with the Board an application for licensure and has paid the requisite fees, provided that the individual is legally qualified to practice professional engineering or land surveying in any State or country in which the requirements and qualifications for obtaining a license are at least comparable to those required by the Board and this exemption shall continue only for such time as the Board requires for its consideration of the application for licensure;

3. An employee or a subordinate of an individual holding a valid license issued by the Board or an employee of a person exempted from licensure by (a)1 or 2 above, provided that this practice does not include responsible charge of design or supervision;

4. An officer or employee of the Government of the United States while engaged within this State in the practice of professional engineering or land surveying for that government;

5. An officer or employee for a corporation engaged in interstate commerce as defined in an act of Congress entitled. "Act to regulate commerce," approved February 4, 1887, 24 Stat. 379, and as amended, when practicing professional engineering or land surveying solely for that corporation unless such practice affects public safety or health;

6. An employee of a corporation or any of its affiliated companies, any of which are in the field of telecommunications and subject to the jurisdiction of the State Board of Public Utilities or the Federal Communications Commission, when acting on behalf of that corporation or any of its affiliated companies;

7. An employee of a corporation or any of its affiliated companies, any of which are in the field of telecommunications and in which the primary business is research and technical development manufacturing or product design, when acting on behalf of that corporation or any of its affiliated companies; and

8. A person when exclusively practicing professional engineering or land surveying on property owned or leased by the person unless such practice involves the safety, health or welfare of the public.

(b) The design of buildings by professional engineers shall be consistent with section 7 of the Building Design Services Act, N.J.S.A. 45:4B-7.

(c) Nothing in this subchapter shall prohibit licensed architects from providing or offering services consistent with the Building Design Services Act, N.J.S.A. 45:4B-1 et seq.

(d) Nothing in this subchapter shall preclude a person licensed by the Board as a professional engineer from performing those measurements necessary for the design, construction stake-out, construction and post-construction records of an engineering project, provided that these measurements are not related to property lines, lot lines. easement lines, or right-of-way lines, the establishment of which are required to be made by a land surveyor.

(e) Notwithstanding (d) above, a licensed professional engineer shall not prepare a topographic or any other survey.

(f) When preparing a plan, a licensed professional engineer may transfer existing conditions, including topography, onto the plan only if that information has been taken from a survey prepared by a licensed land surveyor. A signed and sealed copy of the survey utilized by the professional engineer in preparing the plan shall be attached to the plan submittal.

13:40-3.3 Advertising

(a) Professional engineers and land surveyors shall meet the following requirements concerning advertisements:

1. An advertisement shall include a term which is descriptive of the professional services to be rendered, such as "professional engineer," "land surveyor," "professional engineering," "engineering," "land surveying," "surveying," "professional engineer on staff," "land surveyor on staff," "professional engineering services," "land surveying services" or the substantial equivalent thereof and may be made only by a professional business entity.

2. An advertisement shall include the name and license number of a professional engineer or land surveyor, as appropriate, and, if applicable, the name of the professional business entity and its certificate of authorization number.

3. Each professional engineer and land surveyor, who is a principal. partner. or officer of a professional business entity, shall be responsible for the form and content of any advertisement which offers to provide professional engineering and/or land surveying services.

4. A copy of each advertisement shall be retained by each professional engineer and land surveyor who is a principal, partner or officer of a professional business entity, for a period of three years from the date of the last authorized publication or dissemination of the advertisement and shall be made available for review upon request by the Board.

5. Any professional engineer, land surveyor or professional business entity that uses an advertisement containing false or misleading information, including claims of superiority that cannot be substantiated, or that fails to meet the requirements set forth in this subsection shall be deemed to be engaged in professional misconduct.

13:40-[8.1]3.4 Release of project records

(a) As used in this [subchapter] section, the term "records" shall include, but not be limited to, any plans, reports, documents, field notes, 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 land surveyor was originally retained.

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

13:40-[3.1]3.5 Enumeration of prohibited acts

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

1.-2. (No change.)

3. Advertising [his work or merit using claims of superiority which cannot be substantiated] in violation of N.J.A.C. 13:40-3.3.

4. (No change.)

5. Affixing his or her [*] signature and [*] seal to any plans, specifications, plats or reports or surveys which were not prepared by him or her or under his or her supervision by his or her employees or subordinates.

6. (No change.)

7. Permitting or allowing any person not appropriately licensed pursuant to N.J.S.A. 45:8-27 et seq. or this chapter to act for or on behalf of the licensee as his representative, surrogate or agent while appearing before any public or private body for the purpose of rendering professional engineering or land surveyor services.

8.-10. (No change.)

11. Failure of a licensee to respond in writing within 30 days to a written communication from the State Board of Professional Engineers and Land Surveyors with respect to any investigative inquiry relating to the possible violation of any statute or regulation administered by the Board, and to make available any relevant records with respect to such an inquiry. The 30-day period shall begin on the day when such communication was sent from the Board by certified mail with return receipt requested to the address appearing on the last registration.

12.-14. (No change.)

13:40-[3.2]3.6 Reporting incidents of professional misconduct

If a licensee has knowledge or reason to believe that another person or firm may be in violation of or has violated any of the statutes or rules administered by the State Board of Professional Engineers and Land Surveyors, he or she shall present such information to the Board in writing and shall cooperate with the Board in furnishing such information or assistance as may be required by the Board.

13:40-4.1 Notification of change of address; service of process

(a) A licensee of the State Board of Professional Engineers and Land Surveyors shall notify the Board in writing of any change of address from that currently registered with the Board and shown on the most recently issued certificate. Such notice shall be sent to the Board by certified mail, return receipt requested, not later than 30 days following the change of address.

1. (No change.)

(b) Failure to notify the Board of any change of address pursuant to (a) above may result in disciplinary action [in accordance with N.J.S.A. 45:1-21(h)].

(c) Service of an administrative complaint or other Board-initiated process at a licensee's address [currently] on file with the Board shall be deemed adequate notice [for the purpose of N.J.A.C. 1:1-7.1 and] when service by certified or regular mail is acceptable and shall allow the commencement of any disciplinary proceedings.

13:40-4.2 Scope of practice; home inspections

(a) An engineer licensed by the State Board of Professional Engineers and Land Surveyors may apply to the Board for certification of eligibility for licensure as a home inspector.

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

SUBCHAPTER 5. LAND SURVEYORS; PREPARATION OF LAND SURVEYS

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

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

(d) Appropriate corner markers, such as stakes, iron pipes, cut crosses, monuments, and such other markers as may be authorized by (d)2 below, shall be set either by the licensed land surveyor or under the supervision of the licensed 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 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. (No change.)

2. Markers for property corners set by licensed surveyors shall be composed of durable material and be of the minimum length practical to reasonably assure permanence, with a recommended length of 18 inches or more. These markers may include:

i.-vii. (No change.)

viii. Drill holes in durable materials; and

ix. (No change.)

[The above described marker requirements do not apply to intermediate points set on line or for random traverse points.]

3.-6. (No change.)

7. Monuments where required to be set pursuant to the "Map Filing Law" at N.J.S.A. 46:23-[9.10]9.11 shall be:

i.-iii. (No change.)

8.-10. (No change.)

(e) (No change.)

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

1. Title block complying with N.J.A.C. 13:40-[2.1 et seq.] 8;

2.-10. (No change.)

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

1. (No change.)

2. Fences and streams and ditches, unless such fences, streams and ditches are on or in close proximity to the property lines or otherwise affect the property lines in question [.];

3. Sidewalks, driveways, walkways or other traveled ways, unless such ways affect the property lines in question [.];

4. (No change.)

5. Location and type of building and other structures on the property in question; and

6. Metes and bounds description of the property.

(h) When any of the various items listed in (g) above are omitted, the plat or plan of survey should indicate the specific omitted items in a factual way that such omissions are made.

(i) Upon completing the plat or plan of survey, the licensed 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 licensed land surveyor. Certification by the licensed land surveyor may be given when requested by the client.

1. The licensed land surveyor shall also supply a description of the property surveyed when the survey is to be used for conveyancing (title transfer or mortgage). This description must be suitable for use in a deed. The description [may] 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 land surveyor responsible for its preparation.

2. (No change.)

(j)-(k) (No change.)

(l) Failure to comply with the provisions of this subchapter and with applicable State laws and local ordinances may subject the licensed land surveyor to disciplinary action [in accordance with N.J.S.A. 45:8-38].

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

1.-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, N.J.S.A. 46:23-9.11 [(m)](n), and in accordance with N.J.A.C. 13:40-9, Responsible Charge of Engineering or Land Surveying Work.

(n) (No change.)

13:40-6.1 Fee schedule

(a) The following fees shall be charged by the Board:

1. (No change.)

[2. Examination fees:

i. Engineer-in-training (fundamentals of engineering)............. $ 70.00

ii. Professional engineer:

(1) Fundamentals.................................................................... $ 70.00

(2) Specialized training........................................................... $ 85.00

iii. Land surveyor:

(1) Fundamentals.................................................................... $ 70.00

(2) Specialized training (Principles of land surveying and New Jersey State portion) $ 150.00]

Recodify existing 3. and 4. as 2. and 3. (No change in text.)

[5.]4. Retired license fee ........................................................ $ 40.00

5. Inactive license fee (to be determined by the Director by rule)

6.-7. (No change.)

8. [Reinstatement]Reactivation fee:

i.-ii. (No change.)

iii. Inactive licensee............................................................ $ 80.00

9. Duplicate [license] certificate fee...................................... $ 20.00

10.-11. (No change.)

[12. All licensees, and the clerks of each municipality in the State, shall receive without charge one copy of the roster of licensed professional engineers and land surveyors. Additional copies, if and when available, may be purchased at a fee of $ 20.00 each.]

Recodify existing 13. and 14. as 12. and 13 (No change in text.)

[15. Any applicant who requests an exam review or score tabulation must pay via certified check or money order the actual cost of the review or tabulation.]

(b) For a Certificate of Authorization issued pursuant to P.L. 1989, c. 276, general business corporations and limited liability companies offering to provide engineering or land surveying services in New Jersey shall pay a fee of $ 120.00 for a biennial period, or $ 60.00 per year. The late renewal fee for Certificate of Authorization is $ 50.00. The reinstatement fee for Certificate of Authorization is $ 125.00.

13:40-7.1 General provisions

(a) Definitions: All words, terms, and phrases shall be as defined in the Municipal Land Use [Act] Law, N.J.S.A. 40:55D-1 et seq.

(b) (No change.)

13:40-7.5 Effect of local ordinances

(a) (No change.)

(b) No municipal or county ordinance, policy or action purporting to define the scope of professional activity of architects, engineers, land surveyors, planners, or certified landscape architects in the preparation of site plans or major subdivisions shall reduce or expand the scope of professional practice recognized by the boards.

[SUBCHAPTER 8. MAINTENANCE OF PROJECT RECORDS]

(Agency Note: N.J.A.C. 13:40-8.1 is proposed for readoption with amendment as N.J.A.C. 13:40-3.4.)

SUBCHAPTER [1.]8 sEALING AND tiTLE BLOCK[S AND SEALS] REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS

13:40-[1.1]8.1 Sealing documents

(a) All sealing of documents shall be done with an impression-type [-] seal the design of which shall be authorized by the Board and shall contain the name and license number of the professional engineer or land surveyor and the legend "Licensed Professional Engineer," Licensed Land Surveyor," or "Licensed Professional Engineer and Land Surveyor." as the case may be. Alternatives such as digital seals or rubber stamp facsimiles of the seal shall not be permitted.

(b) The application of a signature and seal to documents relating to the practice of professional engineering and/or land surveying shall indicate that the licensee has provided regular and effective supervision to those individuals performing services which directly and materially affect the quality and competence of the engineering or land surveying work rendered.

1. The following documents shall be signed and sealed and shall contain the name of the professional business entity and, if appropriate, the entity's certificate of authorization number:

i.-ii. (No change.)

(c) (No change.)

(d) Where the document includes the work of more than one professional, each professional shall sign and seal the document with clear reference to the work that [he/she] he or she has performed. See N.J.A.C. 13:40-[1.6]8.6 for title block requirements.

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

13:40-[1.2]8.2 (No change in text.)

13:40-[1.3]8.3 Title block contents

(a) The title block shall contain:

1. (No change.)

2. The name and address of the engineering or land surveying individual firm, partnership, limited liability partnership, limited liability company, corporation, professional association or professional service corporation. The name of the firm in the case of a limited liability partnership shall be followed by the words "Limited Liability Partnership" or the abbreviation "LLP" or "L.L.P." The name of the firm in the case of a limited liability company shall be followed by the words "Limited Liability Company" or the abbreviation "LLC" or "L.L.C."

3. The full name and [certificate] license number of the person(s) in responsible charge;

4.-5. (No change.)

6. If applicable, the certificate of authorization number as required by N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.1.

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

Recodify existing 13:40-1.4 through 1.6 as 8.4 through 8.6 (No change in text.)

SUBCHAPTER 10. [CONTRACT TO PROVIDE PROFESSIONAL SERVICES; CERTIFICATION] CERTIFICATES OF AUTHORIZATION

13:40-10.1 Issuance of certificates of authorization

(a) Upon review and approval by the Board of a completed application, the Board shall issue a certificate of authorization to a limited liability company (LLC) or a corporation, other than a professional service corporation established pursuant to the Professional Service Corporation Act, P.L. 1969, c. 232 (N.J.S.A. 14A:17-1 et seq.), if the LLC or corporation meets the following requirements:

1. At least one of the LLC's or corporation's officers or full-time employees is a licensed professional engineer and/or land surveyor in this State who shall be in responsible charge of the professional services rendered by the LLC or corporation; or

2. The LLC or corporation has entered into a written contract with a New Jersey licensed professional engineer or land surveyor pursuant to N.J.A.C. 13:40-10.3.

(b) In applying for a certificate of authorization, an applicant shall submit to the Board:

1. A completed application form designated by the Board which shall include, at a minimum, the following:

i. The name and address of the LLC or corporation and its satellite offices;

ii. The names, addresses, license numbers and signatures of all officers, board members, directors, principals and any licensees who shall be in responsible charge of the practice of professional engineering and/or land surveying through the LLC or corporation;

iii. The names, addresses, license numbers, and amount and percentage of ownership interest of the LLC or corporation of persons who are licensees of the Board or who are closely allied professionals;

iv. The names, addresses, and amount and percentage of ownership interest of the LLC or corporation of persons who are not licensees of the Board nor closely allied professionals; and

v. The name and address of the LLC's or corporation's registered agent for service of process in New Jersey;

2. A certified copy of the Certificate of Formation or Incorporation for an LLC or corporation created in this State or, for an LLC or corporation created outside New Jersey, a certified copy of a Certificate of Authority issued by the Division of Revenue in the New Jersey Department of Treasury and a certified copy of the Certificate of Formation or Incorporation, or its equivalent, issued by the home state;

3. A copy of the most current annual report filed with the Division of Revenue in the New Jersey Department of Treasury;

4. If appropriate, a copy of the signed contract entered into pursuant to N.J.A.C. 13:40-10.3; and

5. The certificate fee as set forth in N.J.A.C. 13:40-6.1.

(c) The certificate of authorization shall designate all New Jersey licensees who are in responsible charge of the professional engineering and/or land surveying activities and decisions of the LLC or corporation. All final drawings, papers and documents involving the practice of professional engineering and/or land surveying, when issued by the LLC or corporation or filed for public record, shall be signed and sealed by the New Jersey licensee who is in responsible charge of the work.

(d) The LLC or corporation that has been issued a certificate of authority and its licensees who are in responsible charge of the professional engineering and/or 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) Misrepresentation of any information provided to the Board or failure to provide updated information as required under (d) above may result in the suspension of the certificate of authority and/or may be deemed to be professional misconduct of the licensees found to be in responsible charge of the professional engineering and/or land surveying activities and decisions of the LLC or corporation.

13:40-10.2 Biennial renewal of certificates of authorization

(a) All certificates of authorization issued by the Board shall be issued for a biennial period. An LLC or corporation seeking renewal of the certificate shall submit a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury and the renewal fee as set forth in N.J.A.C. 13:40-6.1 prior to the expiration date of the license.

(b) The Board shall send a notice of renewal to each certificate holder at the address registered with the Board at least 60 days Prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the certificate holder for failure to renew.

(c) If a certificate holder does not renew the certificate prior to its expiration date, the certificate holder may renew the certificate within 30 days of its expiration by submitting a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury, and the renewal fee and late fee as set forth in N.J.A.C. 13:40-6.1. During this 30-day period the certificate shall be valid, and the certificate holder shall not be deemed to be engaged in unauthorized practice.

(d) A certificate of authorization that is not renewed within 30 days of its expiration shall be automatically suspended. An LLC or corporation, other than a professional service corporation established pursuant to the Professional Service Corporation Act, P.L. 1969, c. 232 (N.J.S.A. 14A:17-1 et seq.), that provides or advertises professional engineering and/or land surveying services while its certificate of authority is suspended shall be in violation of N.J.S.A. 45:8-56.

(e) A certificate of authorization that has been automatically suspended for non-renewal may be reinstated upon the LLC or corporation submitting a completed reinstatement application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury, and the renewal fee and reinstatement fee as set forth in N.J.A.C. 13:40-6.1.

13:40-[10.1]10.3 Contract requirement

(a) Any business corporation or limited liability company which does not have an officer or [full time] employee who is in responsible charge and is licensed as a professional engineer and/or land surveyor in this State and which offers or renders such services shall, prior to the offer or rendering of any such service, have a written contract with a New Jersey licensed professional engineer or land surveyor, and have obtained a certificate of authorization pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.1. Such written contract shall clearly indicate the licensee to be in responsible charge of the engineering or land surveying services. [For the purposes of this subchapter, full-time employment is the amount of employment necessary to provide effective supervision of the work performed as required throughout N.J.A.C. 13:40.]

(b) A licensed professional engineer or a licensed land surveyor rendering engineering or surveying services for a business corporation or limited liability company which is required to obtain a certificate of authorization pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.1 shall not perform such services unless he or she is an officer or [a full time] an employee of the corporation or has a written contract with the corporation prior to rendering professional services and is listed as being in responsible charge on the corporation's certificate of authorization.

(c) A licensed professional engineer or a licensed land surveyor rendering engineering or surveying services who is listed as being in responsible charge of the engineering or surveying work on a corporation's or limited liability company's certificate of authorization shall notify the Board in writing within 30 days of any change of status regarding the individuals in responsible charge of the corporation or limited liability company. It shall be the duty of the corporation or limited liability company and the licensed professional engineer or licensed land surveyor listed as being in responsible charge on the certificate of authorization to provide such notification.

[(c)](d) Any corporation or limited liability company that offers or renders engineering and land surveying services without a Certificate of Authorization or with a lapsed Certificate of Authorization shall be subject to civil penalties as authorized by N.J.S.A. 45:1-25. This subsection shall not apply to a professional service corporation established pursuant to the ["]Professional Service Corporation Act,["] N.J.S.A. 14A:17-1 et seq.

SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY

13:40-11.2 Definitions

As used in this subchapter, the following terms shall have the following meanings:

["Continuing education unit" (CEU) means the unit of credit customarily used for continuing education courses. One continuing education unit equals 10 contact hours of instruction in an approved continuing education course.]

"Professional development hour" (PDH) means one contact hour of professional/technical development in seminars, conferences or workshops and is equivalent to one continuing professional competency credit as required by N.J.S.A. 45:8-35.2. [A PDH is the common denominator for other units of credit.]

13:40-11.6 Credit calculation

(a) Credit for PDHs will be granted as follows for each biennial renewal period:

1. (No change.)

2. Successful completion of approved continuing education courses: [10] one PDH[s] for each [continuing education unit (CEU)] contact hour of the course;

3.-7. (No change.)

13:40-11.8 Waiver of continuing competency requirement

(a) The Board may, in its discretion, waive, extend or otherwise modify continuing competency requirements on an individual basis for reasons of hardship, such as illness or disability, or other good cause.

(b) Any licensee seeking a waiver, extension or other modification of the continuing competency requirement shall apply to the Board in writing 90 days prior to renewal of licensure and set forth with specificity the reasons for [requesting the waiver] the request. The licensee shall also provide the Board with such additional information as it may reasonably request in support of the [waiver] request.

(c)-(e) (No change.)

13:40-11.12 Responsibilities of program providers

(a) Program providers shall:

1.-2. (No change.)

3. Disclose in advance to prospective participants the course objectives, prerequisites, experience level, content, required advanced preparation, teaching method, and number of PDH [or CEU] credits or contact hours involved in the program;

4.-6. (No change.)

7. Furnish to each enrollee who has successfully completed the program a verification of [attendance] completion, which shall include at least the following information:

i. -iv. (No change.)

8. Maintain and retain accurate records of program attendance and completion for a six-year period; [and]

9. Retain a written outline of course materials for a six-year period; and

10. Provide the Board with such documentation as requested by the Board.

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 [may] when using the title "Professional Engineer" or "Land Surveyor" or any substantial equivalent shall use the designation ["Ret."] "Retired" following his or her name;

2. The name of each retired licensee shall appear in the [annual] roster of licensees;

3.-4. (No change.)

(d) Each retired licensee who wishes to maintain retired status shall renew the license biennially [,] and shall remit the retired license fee pursuant to N.J.A.C. 13:40-6.1.

13:40-12.4 Resumption of practice

(a) A professional engineer or land surveyor holding retired license status or no-fee retired license status who wishes to resume the practice of professional engineering or land surveying shall forward the following to the Board:

1. (No change.)

2. The [reinstatement] reactivation fee for retired licensees or no-fee retired licensees pursuant to N.J.A.C. 13:40-6.1; and

3. (No change.)

(b) For the purposes of this section, the reactivation fee shall mean the reinstatement fee provided in N.J.S.A. 45:8-36.2.

SUBCHAPTER 15. HOME INSPECTION ADVISORY COMMITTEE

13:40-15.1 Purpose; scope; applicability

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

(c) [After May 29, 2003, no]No person shall perform or hold oneself out as permitted to perform a home inspection nor represent or call oneself a home inspector unless licensed pursuant to N.J.A.C. 13:40-15.5 or 15.6.

(d) (No change.)

13:40-15.2 Definitions

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

"Home inspection" means a visual, functional, non-invasive inspection conducted for a fee or any other consideration and performed without moving personal property, furniture, equipment, plants, soil, snow, ice, or debris, using the mandatory equipment and including the preparation of a home inspection report of the readily-accessible elements of the following components of a residential building: structural components, exterior components, roofing system, plumbing system, electrical system, heating system, cooling system, interior components, insulation components and ventilation system, fireplaces and solid fuel burning appliances, or any other related residential housing component as determined by the Board, in consultation with the Committee, by rule, but excluding recreational facilities and outbuildings other than garages or carports.

"Home inspection report" means a written report prepared for a fee or any other consideration by a home inspector or associate home inspector which:

1.-5. (No change.)

13:40-15.4 Requirements for initial licensure as home inspector (grandfathering)

(a) Pursuant to N.J.S.A. 45:8-72, by [May 29, 2003] December 30, 2005, persons may apply for licensure as a home inspector by completing and submitting to the Committee an application which will require information that the applicant:

1.-3. (No change.)

4. Has practiced as a home inspector for at least three years prior to [June 3, 2002] December 30, 2005, performing home inspections for which the client was charged a fee;

5. Has performed at least 300 home inspections as defined in N.J.A.C. 13:40-15.2 on or before [June 3, 2002] December 30, 2005, for which the client was charged a fee; and

6. (No change.)

(b) An applicant for licensure under this section shall:

1. (No change.)

2. Submit copies of income tax returns, business incorporation papers or similar documentation to verify that the applicant was in the business of performing home inspections for at least three years prior to [June 3, 2002] December 30, 2005; and

3. Submit a list of 300 home inspections completed for compensation by [June 3, 2002] December 30, 2005.

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

13:40-15.14 Continuing education requirements

(a) The Committee shall not issue a license renewal [for any biennial registration period commencing after June 3, 2002] unless the applicant attests, when submitting the renewal application sent by the Committee, that he or she has completed courses of continuing professional education of the types and number of units specified in (b), (c) and (d) below. Falsification of any information submitted with the renewal application may result in penalties and/or suspension of the license pursuant to N.J.S.A. 45:1-21 through 25 and N.J.A.C. 13:40-15.20.

(b) (No change.)

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

1.-2. (No change.)

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; [and]

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, on-site supervision of associate home inspectors and/or trainees during home inspections used for training purposes. To qualify for continuing education credit, a home inspection used for training purposes shall require at least one hour to complete and shall not be attended by more than two associate home inspectors and/or trainees in the aggregate.

(d) Credit for continuing education shall be granted as follows for each biennial registration period:

1.-2. (No change.)

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 10 units per biennial registration period;

[3.]4. Participation in instructional activities pursuant to (c)2 above: one continuing education unit per hour of program or course instruction to a maximum of 16 units per biennial registration period;

[4.]5. Authorship of a textbook or manual pursuant to (c)3 [,] above: 10 continuing education units per textbook or manual [,] to a maximum of 10 units per biennial registration period; [and]

[5.]6. Authorship of a published article pursuant to (c)4 [,] above: one continuing education unit per published article [,] to a maximum of 10 units per biennial registration period; and

7. Direct, on-site supervision of associate home inspectors and/or 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 registration period.

(e) 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. (No change.)

2. The published item-for publication of manual, textbook, or article; [and]

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--for developing curriculum or teaching a 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.

(f) 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 [requesting the waiver] the request. The licensee shall provide the Committee with such supplemental materials as will support the request [for waiver].

(g)-(i) (No change.)

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.



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