New York Professional Engineer Licensing Law
New York Code · 30 sections
The following is the full text of New York’s professional engineer licensing law statutes as published in the New York Code. For the official version, see the New York Legislature.
N.Y. § CVP-article-2
New York Civil Practice Law and Rules Law Article 2 (2023) - Limitations of Time :: 2023 New York Laws :: US Codes and Statutes :: US Law :: Justia
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Article 2 - Limitations of Time
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2023 New York Laws
CVP - Civil Practice Law and Rules Article 2 - Limitations of Time
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201 - Application of Article.
202 - Cause of Action Accruing Without the State.
203 - Method of Computing Periods of Limitation Generally.
204 - Stay of Commencement of Action; Demand for Arbitration.
205 - Termination of Action.
205-A - Termination of Certain Actions Related to Real Property.
206 - Computing Periods of Limitation in Particular Actions.
207 - Defendant's Absence From State or Residence Under False Name.
208 - Infancy, Insanity.
209 - War.
210 - Death of Claimant or Person Liable; Cause of Action Accruing After Death and Before Grant of Letters.
211 - Actions to Be Commenced Within Twenty Years.
212 - Actions to Be Commenced Within Ten or Fifteen Years.
213 - Actions to Be Commenced Within Six Years: Where Not Otherwise Provided For; on Contract; on Sealed Instrument; on Bond or Note, and Mortgage Upon Real
213-A - Residential Rent Overcharge.
213-B - Action by a Victim of a Criminal Offense.
213-C - Action by Victim of Conduct Constituting Certain Sexual Offenses.
Effective Date: 09/01/2024
213-D - Actions to Be Commenced Within Three Years; Medical Debt.
214 - Actions to Be Commenced Within Three Years: For Non-Payment of Money Collected on Execution; for Penalty Created by Statute; to Recover Chattel; for Injury to Property; for Personal Injury; for Malpractice Other Than Medical, Dental or Podiatric Malpractice; to Annul a Marriage on the Ground of Fraud.
214-A - Action for Medical, Dental or Podiatric Malpractice to Be Commenced Within Two Years and Six Months; Exceptions.
214-B - Action to Recover Damages for Personal Injury Caused by Contact With or Exposure to Phenoxy Herbicides.
214-C - Certain Actions to Be Commenced Within Three Years of Discovery.
214-D - Limitations on Certain Actions Against Licensed Engineers and Architects.
214-E - Action to Recover Damages for Personal Injury Caused by the Infusion of Such Blood Products Which Result in the Contraction of the Human Immunodeficie
214-F - Action to Recover Damages for Personal Injury Caused by Contact With or Exposure to Any Substance or Combination of Substances Found Within an Area Designated as a Superfund Site.
214-G - Certain Child Sexual Abuse Cases.
214-H - Certain Actions by Public Water Suppliers to Recover Damages for Injury to Property.
214-I - Certain Actions Arising Out of Consumer Credit Transactions to Be Commenced Within Three Years.
214-I*2 - Action to Recover Damages for Personal Injury Caused by Contact With or Exposure to Toxic Burn Pits.
214-J - Certain Sexual Offense Actions.
215 - Actions to Be Commenced Within One Year: Against Sheriff, Coroner or Constable; for Escape of Prisoner; for Assault, Battery, False Imprisonment, Malicious Prosecution, Libel or Slander; for Violation of Right of Privacy; for Penalty Given to Informer; on Arbitration Award.
216 - Abbreviation of Period to One Year After Notice.
217 - Proceeding Against Body or Officer; Actions Complaining About Conduct That Would Constitute a Union's Breach of Its Duty of Fair Representation; Four
217-A - Actions to Be Commenced Within One Year and Ninety Days.
218 - Transitional Provisions.
* NB There are 2 § 214-i's
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N.Y. Educ. Law § 7201
- Definition of practice of engineering. The practice of the profession of engineering is defined as performing professional service such as consultation, investigation, evaluation, planning, design or supervision of construction or operation in connection with any utilities, structures, buildings, machines, equipment, processes, works, or projects wherein the safeguarding of life, health and property is concerned, when such service or work requires the application of engineering principles and data.
N.Y. EDN § 7201
§ 7201. Definition of practice of engineering. The practice of the profession of engineering is defined as performing professional service such as consultation, investigation, evaluation, planning, design or supervision of construction or operation in connection with any utilities, structures, buildings, machines, equipment, processes, works, or projects wherein the safeguarding of life, health and property is concerned, when such service or work requires the application of engineering principles and data.
N.Y. Educ. Law § 7203
- Definition of practice of land surveying. The practice of the profession of land surveying is defined as practicing that branch of the engineering profession and applied mathematics which includes the measuring and plotting of the dimensions and areas of any portion of the earth, including all naturally placed and man- or machine-made structures and objects thereon, the lengths and directions of boundary lines, the contour of the surface and the application of rules and regulations in accordance with local requirements incidental to subdivisions for the correct determination, description, conveying and recording thereof or for the establishment or reestablishment thereof.
N.Y. EDN § 7203
§ 7203. Definition of practice of land surveying. The practice of the profession of land surveying is defined as practicing that branch of the engineering profession and applied mathematics which includes the measuring and plotting of the dimensions and areas of any portion of the earth, including all naturally placed and man- or machine-made structures and objects thereon, the lengths and directions of boundary lines, the contour of the surface and the application of rules and regulations in accordance with local requirements incidental to subdivisions for the correct determination, description, conveying and recording thereof or for the establishment or reestablishment thereof.
N.Y. Educ. Law § 7205
- State board for engineering, land surveying and geology. A state board for engineering, land surveying and geology shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than seven professional engineers, not less than two land surveyors and not less than two professional geologists licensed in this state. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner and shall be a professional engineer, land surveyor or professional geologist licensed in this state.
N.Y. EDN § 7205
§ 7205. State board for engineering, land surveying and geology. A state board for engineering, land surveying and geology shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than seven professional engineers, not less than two land surveyors and not less than two professional geologists licensed in this state. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner and shall be a professional engineer, land surveyor or professional geologist licensed in this state.
N.Y. Educ. Law § 7206
- Requirements for a license as a professional engineer. 1. To qualify for a license as a professional engineer an applicant shall fulfill the following requirements: (1) Application: file an application with the department; (2) Education: have received an education, including a bachelor's or higher degree based on a program in engineering, in accordance with the commissioner's regulations; (3) Experience: have at least four years in work satisfactory to the board, provided that the board may accept study beyond the bachelor's degree in partial fulfillment of this requirement; (4) Examination: pass an examination satisfactory to the board and in accordance with the commissioner's regulations; (5) Age: be at least twenty-one years of age; (6) Citizenship or immigration status: be a United States citizen or an alien lawfully admitted for permanent residence in the United States; (7) Character: be of good moral character as determined by the department; and (8) Fees: pay a fee of two hundred twenty dollars to the department for admission to a department conducted examination and for an initial license, a fee of one hundred fifteen dollars for each reexamination, a fee of one hundred thirty-five dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of two hundred ten dollars for each triennial registration period.
- In lieu of the degree and experience requirements specified in subparagraphs (2) and (3) of subdivision one of this section, twelve years of practical experience in work satisfactory to the board may be accepted, provided that each full year of college study in engineering satisfactory to the department may at the discretion of the board be accepted in lieu of two years of the required twelve years of experience.
- For an identification card as an "intern engineer", an applicant shall fulfill the requirements of subdivision one of this section, except those in subparagraphs (3) and (5), provided that admission to the examination may be given when the applicant is within twenty credits of the completion of the requirements for the bachelor's or higher degree as prescribed in subparagraph (2) of subdivision one, or has completed the practical experience requirement of subdivision two of this section. The fee for examination and identification card as an "intern engineer" shall be seventy dollars and the fee for each reexamination shall be seventy dollars.
- On recommendation of the board, the department may waive specific requirements, except as to age, character, education and citizenship, in the case of applicants who are possessed of established and recognized standing in the engineering profession and who have practiced lawfully for more than fifteen years.
N.Y. EDN § 7206
§ 7206. Requirements for a license as a professional engineer. 1. To qualify for a license as a professional engineer an applicant shall fulfill the following requirements:
(1) Application: file an application with the department;
(2) Education: have received an education, including a bachelor's or higher degree based on a program in engineering or the substantial equivalent, in accordance with the commissioner's regulations;
(3) Experience: have at least four years in work satisfactory to the board, provided that the board may accept study beyond the bachelor's degree in partial fulfillment of this requirement;
(4) Examination: pass an examination satisfactory to the board and in accordance with the commissioner's regulations;
(5) Age: be at least twenty-one years of age;
(6) Citizenship or immigration status: be a United States citizen or a noncitizen lawfully admitted for permanent residence in the United States;
(7) Character: be of good moral character as determined by the department; and
(8) Fees: pay a fee of one hundred thirty-five dollars for an initial license and a fee of two hundred ten dollars for each triennial registration period.
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For an identification card as an "engineer in training", an applicant shall fulfill the requirements of paragraphs one, two, four and seven of subdivision one of this section. The fee for examination and identification card as an "engineer in training" shall be seventy dollars.
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On recommendation of the board, the department may waive specific requirements, except as to age, character and citizenship, in the case of applicants who are possessed of established and recognized standing in the engineering profession and who have practiced lawfully for more than fifteen years.
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Applicants who file with the department within two years of the effective date of this subdivision an application and fee requirements pursuant to paragraphs one and eight of subdivision one of this section and who, at such time or anytime thereafter, demonstrate to the satisfaction of the department that they have twelve years of practical experience in work satisfactory to the board may substitute such experience for the degree and experience requirements specified in paragraphs two and three of subdivision one of this section, provided that each full year of study in engineering satisfactory to the department may at the discretion of the board be accepted in lieu of up to two years of the required twelve years of experience.
N.Y. EDN § 7206-A
§ 7206-a. Requirements for a license as a professional land surveyor. 1. To qualify for a license as a professional land surveyor, an applicant shall fulfill the following requirements:
(1) Application: file an application with the department;
(2) Education: have received an education, including a bachelor's or higher degree based on a program in land surveying, in accordance with the commissioner's regulations;
(3) Experience: Have practical experience satisfactory to the department and in accordance with the commissioner's regulations;
(4) Examination: pass an examination satisfactory to the board and in accordance with the commissioner's regulations;
(5) Age: be at least twenty-one years of age;
(6) Citizenship or immigration status: be a United States citizen or a noncitizen lawfully admitted for permanent residence in the United States;
(7) Character: be of good moral character as determined by the department; and
(8) Fees: pay a fee of one hundred thirty-five dollars to the department for an initial license, and a fee of two hundred ten dollars for each triennial registration period.
- In lieu of the degree requirements specified in paragraph (2) of subdivision one of this section, an associate's degree in land surveying, or an associate's degree or higher in engineering, math, or related science with credits in land surveying acceptable to the department.
2-a. For admittance to the fundamentals of surveying examination, the applicant shall fulfill the education, experience, and examination requirements in accordance with the commissioner's regulations. Upon the successful completion of the examination, an identification card as an "intern land surveyor" shall be issued by the department. The fee for examination qualification and identification card as an "intern land surveyor" shall be seventy dollars.
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2-b. In lieu of the degree and experience requirements specified in paragraphs two and three of subdivision one of this section, eight years of practical experience in work satisfactory to the department may be accepted, provided that each full year of college study in engineering or land surveying satisfactory to the department may at the discretion of the department be accepted in lieu of one year of the required eight years of experience.
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NB Repealed April 3, 2029
N.Y. EDN § 7207
§ 7207. Limited permits. 1. On recommendation of the board, the department may issue a limited permit to practice engineering to an engineer not a resident of this state and having no established place of practice in this state who is legally qualified to practice as such in his own country or state and who submits satisfactory evidence of established and recognized professional standing in his own country or state and who submits satisfactory certifications as to character and qualifications from at least two licensed professional engineers, one of whom shall be a resident of this state. Such limited permit shall be issued solely in connection with the specific project for which such limited permit is granted.
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A limited permit to practice as a professional engineer, land surveyor or professional geologist in this state may be issued by the department to a person not a resident in this state and having no established place of practice in this state, when such practice does not aggregate more than thirty days in any calendar year, provided that such person is legally qualified to practice in his own state or country. The limited permit authorizing such right to practice in this state shall specify the dates within the calendar year when such right may be exercised.
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On recommendation of the board, the department may issue a limited permit to practice geology to a geologist not a resident of this state and having no established place of practice in this state who is legally qualified to practice as such in his or her own country or state with standards equivalent to those enumerated in this article and who submits evidence satisfactory to the board established and recognized professional standing in his or her own country or state and who submits satisfactory certification as to character and qualifications from at least two professional geologists, one of whom shall be a resident of this state. Such limited permit shall be issued solely in connection with the specific project for which such limited permit is granted.
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Fees. The fee for each limited permit shall be one hundred five dollars.
N.Y. EDN § 7208
§ 7208. Exempt persons for the professions of engineering and land surveying. This article shall not be construed to affect or prevent the following, provided that no title, sign, card or device shall be used in such manner as to tend to convey the impression that the person rendering such service is a professional engineer or a land surveyor licensed in this state or is practicing engineering or land surveying:
a. Offering to practice in this state as a professional engineer or land surveyor by any person not a resident of, and having no established place of practice in this state, provided that such person is legally qualified for such practice in his own state or country;
b. Practice as a professional engineer or land surveyor in this state by any person not a resident, or having no established place of practice in this state, or any person resident in this state but who has arrived in this state within six months, provided, however, such a person shall have filed an application for license as a professional engineer or land surveyor, and is legally qualified for such practice in the state or country in which he resides or has his place of practice or in which he had his previous residence or place of practice, such exemption continuing for only such reasonable time as the board requires to grant or deny the application for license, and a person intending to practice under this subdivision shall so state on the application;
c. Practice of engineering or land surveying, by an employee of a county or town, in the construction, improvement or maintenance of a county road or town highway, or by an employee of a county, city, town or village, in the construction, improvement or maintenance of any public work wherein the contemplated expenditure for the completed project does not exceed five thousand dollars;
d. Operation or maintenance of steam, power, or refrigeration plants by legally authorized persons not licensed under this article or persons engaged or employed as an engine man, operator or driver of any engine or of any mechanical, electrical, chemical or other device or machine;
e. Making of surveys by professional engineers, except that the determination of real property boundaries may be done only by a licensed land surveyor;
f. Employment or supervision of interns or other persons qualified by education or experience by professional engineers or land surveyors as assistants in the performance of engineering or land surveying, or as consultants or employees in special fields related to but not uniquely engineering or land surveying, provided that the engineers or land surveyors employing or supervising such persons shall not be relieved of any responsibility whatsoever by delegation to such persons, and provided further that such persons who have attained the bachelor's level of studies in accordance with the requirements of section seventy-two hundred six of this title may be employed as junior or assistant engineers or junior or assistant land surveyors, or similar titles, to act under the general direction of a professional engineer or land surveyor, or in work not covered by this article;
g. Employment of any person as a junior or assistant engineer or junior or assistant land surveyor in the civil service of the state or its political subdivisions in a position the title of which was approved and in use as of July first, nineteen hundred seventy-one, provided such person acts under the general direction of a licensed professional engineer or land surveyor;
h. Execution by a contractor or by others of work designed by a professional engineer, or land surveyor, or the superintendence of such work as a superintendent, foreman, or inspector;
i. The practice of architecture by an architect licensed in this state, or the practice of landscape architecture by a landscape architect licensed in this state, provided that no such architect or landscape architect shall use the designation "engineer" or "engineering" unless licensed as a professional engineer in this state;
j. The practice of engineering or land surveying or having the title "engineer" or "surveyor" solely as an officer or an employee of a corporation engaged in interstate commerce;
k. The practice of engineering by a manufacturing corporation or by employees of such corporation, or use of the title "engineer" by such employees, in connection with or incidental to goods produced by, or sold by, or nonengineering services rendered by, such corporation or its manufacturing affiliates;
l. The practice of engineering or land surveying, or using the title "engineer" or "surveyor" (i) exclusively as an officer or employee of a public service corporation by rendering to such corporation such services in connection with its lines and property which are subject to supervision with respect to the safety and security thereof by the public service commission of this state, the interstate commerce commission or other federal regulatory body and so long as such person is thus actually and exclusively employed and no longer, or (ii) exclusively as an officer or employee of the Long Island power authority or its service provider, as defined under section three-b of the public service law, by rendering to such authority or provider such services in connection with its lines and property which are located in such authority's service area and so long as such person is thus actually and exclusively employed and no longer;
m. The making of land surveys by a professional engineer where such land surveys are essential to engineering projects, provided he was licensed as a professional engineer in this state on or before the first day of January in the year in which this act shall become a law and files evidence satisfactory to the board on or before the first day of July in the year next succeeding the year in which this act shall have become law, that he is competent and experienced in such land surveys;
n. The design by a land surveyor of roads, drainage, water supply or sanitary sewerage facilities of a minor nature in connection with subdivisions and the extension and inspection thereof, but not including sewage disposal or treatment plants, lift stations, pumping stations, commercial buildings or bridges, provided the surveyor was licensed as a land surveyor in this state on or before the first day of January in the year in which this act shall have become a law and files evidence satisfactory to the board on or before the first day of July in the year next succeeding the year in which this act shall have become a law, attesting that he is competent and experienced in the engineering required for design of such facilities appurtenant to subdivisions; or
o. Using the title "marine operating engineer", "stationary engineer", "port of customs surveyor", or "ship surveyor".
p. Contractors or builders from engaging in construction management and administration of construction contracts.
N.Y. EDN § 7208-A
§ 7208-a. Exempt persons in or related to the profession of geology. Nothing in this article shall be construed to affect or prevent:
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The employment and supervision of interns and other persons qualified by education or experience by professional geologists as assistants in the performance of geological services, or as consultants or employees in special fields related to but not uniquely geology, provided that the professional geologist employing or supervising such persons shall not be relieved of any responsibility whatsoever by delegation to such persons.
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The practice of professional engineering by a professional engineer licensed pursuant to this article to practice engineering in this state or an entity authorized pursuant to section seventy-two hundred ten of this article to provide engineering in this state, including the investigation, acquisition, evaluation, and interpretation of the physical and chemical properties of the soil, rock, groundwater, earth materials and data related thereto, and the performance of activities as specified in section seventy-two hundred four-a of this article, provided that no such person shall use the designation, or hold himself or herself out as a "professional geologist," unless licensed as such in this state, and provided further that nothing in this chapter shall preclude a licensed professional engineer or authorized entity from offering to provide or providing the work enumerated in this subdivision, however categorized, on the grounds that such licensed professional engineer or authorized entity is not licensed to practice geology.
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The practice of land surveying by any person that is licensed or otherwise authorized to practice land surveying in this state, provided that no such person shall use the designation or hold himself or herself out as a "professional geologist" unless licensed as such in this state.
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The execution of work by contractors or by others of work prepared by a professional geologist, or the superintendence of such work as a superintendent, foreman or inspector.
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The practice of the profession of geology by officers and employees of this state practicing solely as officers and employees; provided, however, that this exemption shall not apply to officers and employees of the state of New York who commence employment or the performance of work related activities after the effective date of this section.
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The execution of geological research and/or teaching conducted at accredited educational institutions and not-for-profit research institutions, conducted solely through those institutions.
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Work customarily performed by physical or natural scientists provided such work does not include geological investigations, being in responsible charge of geological work, or the drawing of geological conclusions and recommendations.
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Work customarily performed by water well drillers who have received a certificate of registration pursuant to section 15-1525 of the environmental conservation law.
N.Y. EDN § 7209
§ 7209. Special provisions. 1. Every professional engineer, land surveyor and professional geologist shall have a seal, approved by the board, which shall contain the name of the professional engineer and the words "Licensed Professional Engineer", the name of the land surveyor and the words "Licensed Land Surveyor" or the name of the professional geologist and the words "Licensed Professional Geologist", and such other words or figures as the board may deem necessary. All plans, specifications, plats and reports relating to the construction or alteration of buildings or structures, or geologic drawings and reports prepared by such professional engineer, all plans, specifications, plats and reports prepared by such land surveyor and all geologic drawings and reports prepared by such professional geologist or by a full-time or part-time subordinate under his or her supervision, shall be stamped with such seal and shall also be signed, on the original with the personal signature of such professional engineer, land surveyor or professional geologist when filed with public officials. No official of this state, or of any city, county, town or village therein, charged with the enforcement of laws, ordinances or regulations shall accept or approve any plans, specifications, or geologic drawings or reports that are not stamped:
a. With the seal of an architect or professional engineer or land surveyor or professional geologist licensed in this state and bearing the authorized facsimile of the signature of such architect or professional engineer or land surveyor or professional geologist, or
b. With the official seal and authorized facsimile of the signature of a professional engineer or land surveyor or professional geologist not a resident of this state and having no established business in this state, but who is legally qualified to practice as such in his or her own state or country, provided that such person may lawfully practice as such in this state, and provided further that the plans, specifications, or geologic drawings or reports are accompanied by and have attached thereto written authorization issued by the department certifying to such right to practice at such time.
- a. To all plans, specifications, plats and reports to which the seal of a professional engineer or land surveyor has been applied, there shall also be applied a stamp with appropriate wording warning that it is a violation of this article for any person, unless he or she is acting under the direction of a licensed professional engineer or land surveyor, to alter an item in any way. If an item bearing the seal of an engineer or land surveyor is altered, the altering engineer or land surveyor shall affix to the item his or her seal and the notation "altered by" followed by his or her signature and the date of such alteration, and a specific description of the alteration.
b. To all geologic drawings and reports to which the seal of a professional geologist or professional engineer has been applied, there shall also be applied a stamp with appropriate wording warning that it is a violation of this article for any person, unless he or she is acting under the direction of a professional geologist or professional engineer, to alter a drawing or report in any way. If an item bearing the seal of a licensed professional geologist or professional engineer is altered, the altering party shall affix to the item his or her seal and the notation "altered by" followed by his or her signature and the date of such alteration, and a specific description of the alteration. Nothing contained in this article shall be deemed to authorize a professional geologist to practice professional engineering unless he or she is licensed as a professional engineer pursuant to this article.
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No county, city, town or village or other political subdivision of this state shall engage in the construction or maintenance of any public work involving engineering or land surveying for which plans, specifications and estimates have not been made by, and the construction and maintenance supervised by, a professional engineer or land surveyor; provided that this section shall not apply to the construction, improvement or maintenance of county roads or town highways, nor to any other public works wherein the contemplated expenditure for the completed project does not exceed five thousand dollars. This section shall not be construed as affecting or preventing any county, city, town or village or other political subdivision of this state from engaging an architect licensed in this state for the preparation of plans, specifications and estimates for and the supervision of construction or maintenance of public works.
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Engineers, land surveyors, geologists, architects, and landscape architects may join in the formation of a joint enterprise, or a partnership or a professional service corporation or a design professional service corporation or may form any desired combination of such professions and may use in the name of such corporation the title of any of the professions which will be practiced. After the name of each member his or her profession shall be indicated.
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A firm name may be continued by employees having at least fifteen years of continuous service if the retired members and legal representatives of deceased members consent to such continuance.
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It shall be lawful for a corporation organized and existing under the laws of the state of New York which on the fifteenth day of April, nineteen hundred thirty-five and continuously thereafter, was lawfully practicing engineering or land surveying in New York state, to continue such practice provided that the chief executive officer shall be a professional engineer licensed under this article, if practicing engineering, or a land surveyor licensed under this article, if practicing land surveying, and provided further that the person or persons carrying on the actual practice of engineering or surveying on behalf of, or designated as "engineer" or "surveyor", with or without qualifying or characterizing word, by such corporation shall be authorized to practice engineering or land surveying as provided in this article. It shall be lawful for a corporation which, on account of or as a result of requirements, restrictions or provisions of federal law, was organized subsequent to April fifteenth, nineteen hundred thirty-five for the purpose of taking over an existing engineering organization established prior to such time and which has taken over such organization and continued its engineering activities, provided that the chief executive officer of such corporation shall be a professional engineer licensed under this article and provided further, that the person or persons carrying on the actual practice of engineering on behalf of, or designated as "engineer", with or without qualifying or characterizing word, by such corporation, shall be authorized to practice engineering as provided in this article. No such corporation shall change its name or sell its franchise or transfer its corporate rights, directly or indirectly to any person, firm or corporation without the consent of the department. Each such corporation shall obtain a triennial registration on payment of a fee of fifty dollars.
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Nothing in this article shall be construed to apply:
a. To the preparation or execution of designs, drawings, plans or specifications for the construction or installation of machinery, or apparatus constructed or installed by the corporation preparing such designs, drawings, plans or specifications if the supervision of the preparation of any such designs, drawings, plans or specifications, construction or installation is done under the general direction of a professional engineer or land surveyor licensed under this article; or
b. To alterations to any building or structure costing ten thousand dollars or less which do not involve changes affecting the structural safety or public safety thereof nor to farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes; nor to residence buildings of gross floor area of fifteen hundred square feet or less, not including garages, carports, porches, cellars, or uninhabitable basements or attics.
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Nothing in this article shall prohibit a corporation organized and existing prior to the fifteenth day of April, nineteen hundred thirty-five under the laws of any state other than the state of New York, the name of which includes the word "engineers", from obtaining a certificate of authority to do business in the state of New York, provided that the business proposed to be done by such corporation within this state, as set forth in the statement and designation provided for by section thirteen hundred four of the business corporation law, shall not include the practice within this state of engineering or land surveying.
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a. Any person who knowingly damages, destroys, disturbs, removes, resets, or replaces any boundary marker placed on any tract of land by a licensed land surveyor, or by any person at the direction of a licensed land surveyor, for the purpose of designating any point, course or line in the boundary of such tract of land in which he or she has no legal interest, shall be punished by a civil fine of not more than five hundred dollars and shall be liable for the cost of reestablishment of said boundary marker.
b. Notwithstanding the provisions of paragraph a of this subdivision, a licensed land surveyor licensed under section seventy-two hundred three of this article or a person acting at the direction of any such licensed land surveyor, may remove an existing marker if substandard in nature in order to place an upgraded marker in the same location and shall note the same on the map of survey.
N.Y. EDN § 7210
§ 7210. Certificates of authorization. 1. Domestic or foreign professional service corporations, design professional service corporations, professional service limited liability companies, foreign professional service limited liability companies, registered limited liability partnerships, New York registered foreign limited liability partnerships, partnerships and joint enterprises specified in subdivision four of section seventy-two hundred nine of this article, provided each of the foregoing entities is authorized to provide professional engineering, land surveying or professional geology services and general business corporations authorized to provide professional engineering or land surveying services pursuant to subdivision six of section seventy-two hundred nine of this article may offer to provide or provide professional engineering, land surveying or professional geology services only after obtaining a certificate of authorization from the department. Except as otherwise authorized by statute, rule or regulation, other business entities are not authorized to offer or provide professional engineering, land surveying or professional geology services and may not obtain certificates of authorization provided that nothing contained herein shall prohibit an individual who is licensed to practice professional engineering, land surveying or professional geology under this article from obtaining a certificate of authorization upon application and payment of the appropriate fees provided for under this section.
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Upon application a certificate of authorization shall be issued by the department to all individuals, corporations, limited liability companies, limited liability partnerships, partnerships and joint enterprises specified in subdivision one of this section and which are authorized to provide professional engineering or land surveying services and pay the appropriate fee.
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A "certificate of authorization" shall authorize such individual, corporation, limited liability company, limited liability partnership, partnership or joint enterprise to provide professional engineering or land surveying services for three years from the date of issuance subject to, as otherwise prescribed by law, the supervision of the regents of the university of the state of New York including the power to discipline and impose penalties in the same manner and to the same extent as is provided with respect to individuals and their licenses and registration pursuant to this title.
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An application, triennial renewal, delinquent or replacement certificate fee must accompany the "certificate of authorization" request in the amount shown below. A business entity that fails to renew its certificate of authorization before the expiration date shall be required to pay the additional delinquent fee for late filing of ten dollars for each full month it has practiced after the expiration of its certificate of authorization.
Application fee and first triennial certificate of authorization -
$125.00;
Triennial renewal fee - $75.00;
Delinquent fee - $10.00 per month of practice without a certificate of
authorization;
Replacement certificate fee - $10.00.
All checks shall be made payable to the state department of education, state of New York and submitted to the department. If a business enterprise is not eligible to receive a "certificate of authorization", the fee will be retained to cover the costs of processing. Triennial renewal fees for all "certificates of authorization" are due and payable on or before the filing date of each triennial registration period.
- The department shall compile a registry of the holders of all certificates of authorization. Such registry shall include the name and address of all registrants, state whether a certificate of authorization has been issued, denied, suspended, or revoked, and disclose whether the certificate is current or expired. Access to the registry shall be made available electronically without cost. A record search of the registry may be obtained in person or by mail provided that a fee of ten dollars shall be paid for each putative registrant.
N.Y. EDN § 7211
§ 7211. Mandatory continuing education for professional engineers, land surveyors and professional geologists. 1. (a) Each licensed professional required under this article to register triennially with the department to practice in this state shall comply with provisions of the mandatory continuing education requirements prescribed in subdivision two of this section except as set forth in paragraphs (b) and (c) of this subdivision. Licensed professionals who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirements, and have been issued a registration certificate, except that a licensed professional may practice without having met such requirements if he or she is issued a conditional registration certificate pursuant to subdivision three of this section. For purposes of this section the term "licensed professional" shall mean any individual licensed under this article as a professional engineer, land surveyor or professional geologist.
(b) Licensed professionals shall be exempt from the mandatory continuing education requirement for the triennial registration period during which they are first licensed. In accordance with the intent of this section, adjustment to the mandatory continuing education requirement may be granted by the department for reasons of health certified by an appropriate health care professional, for extended active duty with the armed forces of the United States, or for other good cause acceptable to the department which may prevent compliance.
(c) A licensed professional not engaged in practice as determined by the department shall be exempt from the mandatory continuing education requirement upon the filing of a statement with the department declaring such status. Any licensee who returns to the practice of his or her profession during the triennial registration period shall notify the department prior to reentering the profession and shall meet such mandatory education requirements as shall be prescribed by regulations of the commissioner.
(d) Professional engineers directly employed on a full time basis by the state of New York, its agencies, public authorities, public benefit corporations or local governmental units prior to January first, two thousand four and who are represented by a collective bargaining unit or who are designated managerial or confidential pursuant to article fourteen of the civil service law, at all times when so employed shall be deemed to have satisfied the continuing education requirements of this section, provided however that any such licensees who thereafter leave such employment and enter the practice of professional engineering in other capacities in New York, or otherwise engage in such practice, shall satisfy the requirements of this section in such manner as shall be prescribed by regulations of the commissioner.
(e) Professional geologists directly employed on a full-time basis by the state of New York, its agencies, public authorities, public benefit corporations or local governmental units prior to January first, two thousand twenty-two and who are represented by a collective bargaining unit or who are designated managerial or confidential pursuant to article fourteen of the civil service law, at all times when so employed shall be deemed to have satisfied the continuing education requirements of this section, provided however that any such licensees who thereafter leave such employment and enter the practice of professional geology in other capacities in New York, or otherwise engage in such practice, shall satisfy the requirements of this section in such manner as shall be prescribed by regulations of the commissioner.
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During each triennial registration period an applicant for registration as a professional engineer and/or a professional geologist shall complete a minimum of thirty-six hours of acceptable continuing education and an applicant for registration as a land surveyor shall complete a minimum of twenty-four hours of acceptable continuing education as specified in subdivision four of this section. Any professional geologist whose first registration date following the effective date of the chapter of the laws of two thousand twenty which amended this section occurs less than three years from such effective date, but on or after January first, two thousand twenty-three, shall complete continuing education hours on a prorated basis at the rate of one hour per month for the period beginning January first, two thousand twenty-two up to the first registration date thereafter. A licensee who has not satisfied the mandatory continuing education requirements shall not be issued a triennial registration certificate by the department and shall not practice unless and until a conditional registration certificate is issued as provided for in subdivision three of this section. With the exception of continuing education hours taken during the registration period immediately preceding the effective date of this section, no more than six continuing education hours taken during one triennium may be transferred to a subsequent triennium.
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The department, in its discretion, may issue a conditional registration to a licensee who fails to meet the continuing education requirements established in subdivision two of this section but who agrees to make up any deficiencies and complete any additional education which the department may require. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration. The duration of such conditional registration shall be determined by the department but shall not exceed one year. Any licensee who is notified of the denial of registration for failure to submit evidence, satisfactory to the department, of required continuing education and who practices a licensed profession without such registration, may be subject to disciplinary proceedings pursuant to section sixty-five hundred ten of this title.
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As used in subdivision two of this section, "acceptable continuing education" shall mean courses of learning and educational activities in architecture, engineering, interior design, land surveying, landscape architecture and geology that may contribute to professional practice in professional engineering, land surveying and/or geology and which meet the standards prescribed by regulations of the commissioner. Completing courses of learning and educational activities that fall within the scope of practice of another licensed profession does not authorize the licensed professional engineer, licensed land surveyor or licensed professional geologist to lawfully practice a profession that they are not authorized to practice as defined in sections seventy-two hundred one, seventy-two hundred three and seventy-two hundred four of this title. The department may, in its discretion and as needed to contribute to the health and welfare of the public, require the completion of continuing education courses in specific subjects.
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Licensed professionals shall maintain adequate documentation of completion of acceptable continuing education and educational activities and shall provide such documentation at the request of the department.
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The mandatory continuing education fee shall be forty-five dollars, shall be payable on or before the first day of each triennial registration period, and shall be paid in addition to the triennial registration fees required by sections seventy-two hundred six, seventy-two hundred six-a, and seventy-two hundred six-b of this article.
N.Y. EDN § 7306
§ 7306. Exempt persons. 1. This article shall not be construed to affect or prevent:
a. The preparation of details and shop drawings by persons, other than architects, for use in connection with the execution of their work;
b. Employees of those lawfully practicing as architects under the provisions of this article from acting under the instruction, control or supervision of their employers;
c. Builders, or superintendents employed by such builders, from supervising the construction or structural alteration of buildings or structures; or
d. A holder of a valid certificate of the national council of architectural registration boards, not licensed in this state, from coming into the state for interview, but not to perform any architectural services or enter into any contract until such time as he is licensed as an architect in this state.
e. The practice of engineering or land surveying by an engineer or land surveyor licensed in this state, or the practice of landscape architecture by a landscape architect licensed in this state, provided that no such engineer, land surveyor or landscape architect shall use the designation "architect," or "architectural" or "architecture" unless licensed as an architect in this state.
f. Employment of any person as a junior or assistant architect by the City of New York in a position the title of which was approved and in use as of July first, nineteen hundred seventy-one, provided such person acts under the general direction of a licensed architect.
g. Contractors or builders from engaging in construction management and administration of construction contracts.
N.Y. EDN § 7307
§ 7307. Special provisions. 1. Every architect shall have a seal, approved by the board, which shall contain the name of the architect and either the words "Registered Architect" and such other words or figures as the board may deem necessary. All working drawings and specifications, prepared by such architect or by a full-time or part-time subordinate employed under his supervision, shall be stamped with such seal and shall also be signed on the original with the personal signature of such architect when filed with public officials. Except for plans and specifications excluded from the provisions of this article by section seventy-three hundred six of this article, no official of this state, or of any county, city, town or village therein, charged with the enforcement of laws, ordinances or regulations relating to the construction or alteration of buildings or structures, shall accept or approve any plans or specifications that are not stamped:
a. With the seal of an architect or professional engineer registered in this state and bearing the authorized facsimile of the signature of such architect or professional engineer; or
b. With the official seal and authorized facsimile of the signature of an architect or professional engineer not a resident of this state and having no established business in this state, but who is legally qualified to practice as such in his own state or country, provided that such person holds a limited permit issued by the department, and provided further that the plans or specifications are accompanied by and have attached thereto written authorization issued by the department for the specific project.
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Engineers, land surveyors, geologists, architects and landscape architects may join in the formation of a joint enterprise, or a partnership or a professional service corporation or a design professional service corporation or may form any desired combination of such professions and may use in the name of such corporation the title of any of the professions which will be practiced. After the name of each member his or her profession shall be indicated.
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A firm name may be continued by employees having at least fifteen years of continuous service if the retired members and legal representatives of deceased members consent to such continuance.
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It shall be lawful for a corporation organized and existing under the laws of the state of New York, and which on or before the twelfth day of April nineteen hundred twenty-nine and continuously thereafter was lawfully practicing in New York state to continue such practice, provided that the chief executive officer of such corporation in the state of New York shall be an architect licensed under this article, and provided further that the construction of buildings and structures shall be under the personal supervision of such architect and that drawings, plans, and specifications shall be prepared under the personal direction and supervision of such architect and bear the stamp of his official seal, and the drawings or specifications shall also be signed on the original, with the personal signature of such architect. No such corporation shall be permitted to change its name and continue to practice architecture, except upon the written approval of the department.
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This article shall not apply to: 1. Farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes; nor to residence buildings of gross area of fifteen hundred square feet or less, not including garages, carports, porches, cellars, or uninhabitable basements or attics; or
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Alterations, costing ten thousand dollars or less, to any building or structure within the city of New York and twenty thousand dollars or less, to any building or structure outside the city of New York which do not involve changes affecting the structural safety or public safety thereof.
N.Y. EDN § 7308
§ 7308. Mandatory continuing education for architects. 1. (a) Each licensed architect required under this article to register triennially with the department to practice in the state shall comply with provisions of the mandatory continuing education requirements prescribed in subdivision two of this section except as set forth in paragraphs (b) and (c) of this subdivision. Architects who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirements, and have been issued a registration certificate, except that an architect may practice without having met such requirements if he or she is issued a conditional registration certificate pursuant to subdivision three of this section.
(b) In accord with the intent of this section, an adjustment and/or exemption to the mandatory continuing education requirement may be granted by the department for reasons of health certified by an appropriate health care professional, for extended active duty with the armed forces of the United States, or for other good cause acceptable to the department which may prevent compliance.
(c) A licensed architect not engaged in practice as determined by the department, shall be exempt from the mandatory continuing education requirement upon the filing of a statement with the department declaring such status. Any licensee who returns to the practice of architecture during the triennial registration period shall notify the department prior to reentering the profession and shall meet such mandatory education requirements as shall be prescribed by regulations of the commissioner.
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During each triennial registration period an applicant for registration shall complete a minimum of thirty-six hours of acceptable continuing education, as specified in subdivision four of this section, provided that a minimum of twenty-four hours of such continuing education shall be in the areas of health, safety and welfare. Any architect whose first registration date following the effective date of this section occurs less than three years from such effective date, but on or after January first, two thousand one, shall complete continuing education hours on a prorated basis at the rate of one hour per month for the period beginning January first, two thousand up to the first registration date thereafter. A licensee who has not satisfied the mandatory continuing education requirements shall not be issued a triennial registration certificate by the department and shall not practice unless and until a conditional registration certificate is issued as provided for in subdivision three of this section. With the exception of continuing education hours taken during the registration period immediately preceding the effective date of this section, no more than six continuing education hours taken during one triennium may be transferred to a subsequent triennium.
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The department, in its discretion, may issue a conditional registration to a licensee who fails to meet the continuing education requirements established in subdivision two of this section but who agrees to make up any deficiencies and complete any additional education which the department may require. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration. The duration of such conditional registration shall be determined by the department but shall not exceed one year. Any licensee who is notified of the denial of registration for failure to submit evidence, satisfactory to the department, of required continuing education and who practices architecture without such registration, may be subject to disciplinary proceedings pursuant to section sixty-five hundred ten of this title.
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As used in subdivision two of this section, "acceptable continuing education" shall mean courses of learning and educational activities in architecture, engineering, interior design, land surveying, landscape architecture and geology that may contribute to professional practice in architecture and which meet the standards prescribed by regulations of the commissioner. Completing courses of learning and educational activities that fall within the scope of practice of another licensed profession does not authorize the licensed architect to lawfully practice a profession that they are not authorized to practice as defined in section seventy-three hundred one of this article. The department may, in its discretion and as needed to contribute to the health and welfare of the public, require the completion of continuing education courses in specific subjects.
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Architects shall maintain adequate documentation of completion of acceptable continuing education and educational activities and shall provide such documentation at the request of the department.
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The mandatory continuing education fee shall be forty-five dollars, shall be payable on or before the first day of each triennial registration period, and shall be paid in addition to the triennial registration fee required by section seventy-three hundred four of this article.
N.Y. EDN § 7321
§ 7321. Definition of practice of landscape architecture. The practice of the profession of landscape architecture is defined as performing services in connection with the development of land areas where, and to the extent that the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings, approaches or environment for structures or other improvements, natural drainage and the consideration and determination of inherent problems of the land relating to the erosion, wear and tear, blight or other hazards. This practice shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined herein but shall not include the design of structures or facilities with separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture; and shall not include the making of land surveys or final land plats for official approval or recording.
N.Y. EDN § 7326
§ 7326. Exempt persons. This article shall not be construed to affect or prevent:
a. The preparation of details and shop drawings by persons, other than landscape architects, for use in connection with the execution of their work;
b. Employees of those lawfully practicing as landscape architects under the provisions of this article from acting under the instruction, control or supervision of their employers;
c. Supervision by builders, or superintendents employed by such builders, of the installation of landscape projects; or
d. Business conducted in this state by any agriculturist, horticulturist, tree expert, arborist, forester, nurseryman or landscape nurseryman, gardener, landscape gardener, landscape contractor, garden or lawn caretaker or grader or cultivator of land, as these terms are generally used, except that no such person shall use the designation landscape architect, landscape architectural or landscape architecture unless licensed under this article.
e. Employment of any person as a junior or assistant landscape architect by the City of New York in a position the title of which was approved and in use as of July first, nineteen hundred seventy-one, provided such person acts under the general supervision of a licensed landscape architect.
f. The practice of architecture by an architect licensed in this state, or the practice of engineering or land surveying by an engineer or land surveyor licensed in this state, provided that no such architect, engineer or land surveyor shall use the designation "landscape architect," "landscape architectural" or "landscape architecture" unless licensed as a landscape architect in this state.
N.Y. EDN § 7327
§ 7327. Special provisions. 1. Every landscape architect shall have a seal, approved by the board, which shall contain the name of the landscape architect and either the words "Registered Landscape Architect" and such other words or figures as the board may deem necessary. All working drawings and specifications prepared by such landscape architect relating to the setting, approaches or environment for structures or other improvements or under the supervision of such landscape architect, shall be stamped with such seal and signed on the original, with the personal signature of such landscape architect when filed with public officials, or with the official seal and personal signature of a landscape architect granted a limited permit under section seventy-three hundred twenty-five of this article when such drawings and specifications are accompanied by a written authorization from the department for the specific project concerned.
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Engineers, land surveyors, geologists, architects and landscape architects may join in the formation of a joint enterprise, or a partnership or a professional service corporation or a design professional service corporation or may form any desired combination of such professions and may use in the name of such corporation the title of any of the professions which will be practiced. After the name of each member his or her profession shall be indicated.
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A firm name may be continued by employees having at least fifteen years of continuous service if the retired members and legal representatives of deceased members consent to such continuance.
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It shall be lawful for a corporation organized and existing under the laws of the state of New York, and which on or before the first day of April nineteen hundred sixty-one was legally incorporated to practice landscape architecture, while conforming to the provisions of this title, and which has been continuously engaged in such practice since such time to continue such practice provided that the chief executive officer of such corporation in the state of New York shall be a landscape architect licensed under this article, and provided further that the supervision of such projects shall be under the personal supervision of such landscape architect and that such plans and designs shall be prepared under the personal direction and supervision of such landscape architect and bear the stamp of his official seal, and such drawings or specifications shall also be signed on the original, with the personal signature of such landscape architect. No such corporation shall be permitted to change its name and continue to practice landscape architecture, except upon the written approval of the department.
N.Y. EDN § 7328
§ 7328. Mandatory continuing education for landscape architects. 1. (a) Each licensed landscape architect required under this article to register triennially with the department to practice in the state shall comply with provisions of the mandatory continuing education requirements prescribed in subdivision two of this section except as set forth in paragraphs (b) and (c) of this subdivision. Landscape architects who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirements, and have been issued a registration certificate, except that a landscape architect may practice without having met such requirements if he or she is issued a conditional registration certificate pursuant to subdivision three of this section.
(b) Landscape architects shall be exempt from the mandatory continuing education requirement for the triennial registration period during which they are first licensed, in accordance with the intent of this section, adjustment to the mandatory continuing education requirement may be granted by the department for reasons of health certified by an appropriate health care professional, for extended active duty with the armed forces of the United States, or for other good cause acceptable to the department which may prevent compliance.
(c) A licensed landscape architect not engaged in practice as determined by the department, shall be exempt from the mandatory continuing education requirement upon the filing of a statement with the department declaring such status. Any licensee who returns to the practice of landscape architecture during the triennial registration period shall notify the department prior to reentering the profession and shall meet such mandatory education requirements as shall be prescribed by regulations of the commissioner.
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During each triennial registration period an applicant for registration shall complete a minimum of thirty-six hours of acceptable continuing education, as specified in subdivision four of this section, provided that a minimum of twenty-four hours of such continuing education shall be in the areas of health, safety and welfare. Up to one-half of the total hours of continuing education may consist of non-course activities. Any landscape architect whose first registration date following the effective date of this section occurs less than three years from such effective date, but on or after January first, two thousand seven, shall complete continuing education hours on a prorated basis at the rate of one hour per month for the period beginning January first, two thousand seven up to the first registration date thereafter. A licensee who has not satisfied the mandatory continuing education requirements shall not be issued a triennial registration certificate by the department and shall not practice unless and until a conditional registration certificate is issued as provided for in subdivision three of this section. With the exception of continuing education hours taken during the registration period immediately preceding the effective date of this section, continuing education hours taken during one triennium may not be transferred to a subsequent triennium.
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The department, in its discretion, may issue a conditional registration to a licensee who fails to meet the continuing education requirements established in subdivision two of this section but who agrees to make up any deficiencies and complete any additional education which the department may require. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration. The duration of such conditional registration shall be determined by the department but shall not exceed one year. Any licensee who is notified of the denial of registration for failure to submit evidence, satisfactory to the department, of required continuing education and who practices landscape architecture without such registration, may be subject to disciplinary proceedings pursuant to section sixty-five hundred ten of this title.
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As used in subdivision two of this section, "acceptable continuing education" shall mean courses of learning and educational activities which contribute to professional practice in landscape architecture and which meet the standards prescribed by regulations of the commissioner. The department may, in its discretion and as needed to contribute to the health and welfare of the public, require the completion of continuing education courses in specific subjects.
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Landscape architects shall maintain adequate documentation of completion of acceptable continuing education and educational activities and shall provide such documentation at the request of the department.
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The mandatory continuing education fee shall be forty-five dollars, shall be payable on or before the first day of each triennial registration period, and shall be paid in addition to the triennial registration fee required by section seventy-three hundred twenty-four of this article.
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NB Effective until May 21, 2027
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§ 7328. Mandatory continuing education for landscape architects. 1. (a) Each licensed landscape architect required under this article to register triennially with the department to practice in the state shall comply with provisions of the mandatory continuing education requirements prescribed in subdivision two of this section except as set forth in paragraphs (b) and (c) of this subdivision. Landscape architects who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirements, and have been issued a registration certificate, except that a landscape architect may practice without having met such requirements if they are issued a conditional registration certificate pursuant to subdivision three of this section.
(b) Landscape architects shall be exempt from the mandatory continuing education requirement for the triennial registration period during which they are first licensed, in accordance with the intent of this section, an adjustment and/or exemption to the mandatory continuing education requirement may be granted by the department for reasons of health certified by an appropriate health care professional, for extended active duty with the armed forces of the United States, or for other good cause acceptable to the department which may prevent compliance.
(c) A licensed landscape architect not engaged in practice as determined by the department, shall be exempt from the mandatory continuing education requirement upon the filing of a statement with the department declaring such status. Any licensee who returns to the practice of landscape architecture during the triennial registration period shall notify the department prior to reentering the profession and shall meet such mandatory education requirements as shall be prescribed by regulations of the commissioner.
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During each triennial registration period an applicant for registration shall complete a minimum of thirty-six hours of acceptable continuing education, as specified in subdivision four of this section, provided that a minimum of twenty-four hours of such continuing education shall be in the areas of health, safety and welfare. Any landscape architect whose first registration date following the effective date of this section occurs less than three years from such effective date, but on or after January first, two thousand seven, shall complete continuing education hours on a prorated basis at the rate of one hour per month for the period beginning January first, two thousand seven up to the first registration date thereafter. A licensee who has not satisfied the mandatory continuing education requirements shall not be issued a triennial registration certificate by the department and shall not practice unless and until a conditional registration certificate is issued as provided for in subdivision three of this section. No more than six continuing education hours taken during one triennium may be transferred to a subsequent triennium.
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The department, in its discretion, may issue a conditional registration to a licensee who fails to meet the continuing education requirements established in subdivision two of this section but who agrees to make up any deficiencies and complete any additional education which the department may require. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration. The duration of such conditional registration shall be determined by the department but shall not exceed one year. Any licensee who is notified of the denial of registration for failure to submit evidence, satisfactory to the department, of required continuing education and who practices landscape architecture without such registration, may be subject to disciplinary proceedings pursuant to section sixty-five hundred ten of this title.
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As used in subdivision two of this section, "acceptable continuing education" shall mean courses of learning and educational activities in landscape architecture, architecture, engineering, interior design, land surveying, and geology that may contribute to professional practice in landscape architecture and which meet the standards prescribed by regulations of the commissioner. Completing courses of learning and educational activities that fall within the scope of practice of another licensed profession does not authorize a licensed landscape architect to lawfully practice a profession that they are not authorized to practice as defined in section seventy-three hundred twenty-one of this article. The department may, in its discretion and as needed to contribute to the health and welfare of the public, require the completion of continuing education courses in specific subjects.
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Landscape architects shall maintain adequate documentation of completion of acceptable continuing education and educational activities and shall provide such documentation at the request of the department.
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The mandatory continuing education fee shall be forty-five dollars, shall be payable on or before the first day of each triennial registration period, and shall be paid in addition to the triennial registration fee required by section seventy-three hundred twenty-four of this article.
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NB Effective May 21, 2027
N.Y. EDN § 8301
§ 8301. Use of the title "certified interior designer". Only a person certified pursuant to this article may use the title "certified interior designer". Authorization contained within this article to use the title "certified interior designer" shall not be construed to permit the practice of engineering, as described in article one hundred forty-five of this title, or the practice of architecture, as described in article one hundred forty-seven of this title, by persons not otherwise authorized to engage in such practices.
N.Y. EDN § 8303
§ 8303. Definition of practice of interior design. For the purposes of this article, the practice of interior design is defined as rendering or offering to render services for a fee or other valuable consideration, in the preparation and administration of interior design documents (including drawings, schedules and specifications) which pertain to the planning and design of interior spaces including furnishings, layouts, fixtures, cabinetry, lighting, finishes, materials, and interior construction not materially related to or materially affecting the building systems, all of which shall comply with applicable laws, codes, regulations, and standards. The scope of work described herein shall not be construed as authorizing the planning and design of engineering and architectural interior construction as related to the building systems, including structural, electrical, plumbing, heating, ventilating, air conditioning or mechanical systems and shall not be construed as authorizing the practice of engineering or architecture as described in article one hundred forty-five or one hundred forty-seven of this title. The interior design plans as described above are not to be construed as those required to be filed with local municipalities or building departments as required by the state education law regulating the practices of architecture or engineering.
N.Y. EDN § 8304
§ 8304. State board for interior design. 1. A state board for interior design shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of certification and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of nine members, four of whom shall be interior designers certified in this state, two of whom shall be licensed architects who practice primarily interior design in this state, one who shall be a professional engineer in this state with an expertise in interior design, one who shall be a full-time interior design educator in this state and one who shall be the public representative. Notwithstanding the foregoing, the members of the first board who are interior designers need not be certified prior to their appointment to the board.
- Two interior designers and a licensed architect who practices primarily interior design shall serve initial five year terms. Two interior designers and a professional engineer with an expertise in interior design shall serve initial four year terms. One licensed architect who practices primarily interior design, the interior design educator, and the public representative shall serve initial two year terms. Following the establishment of the initial membership of the board, all succeeding appointments shall be for five year terms. Any vacancy on the board shall be filled by appointment for the remainder of such member's terms in accordance with the provisions of this section.
N.Y. Exec. Law § 374
- State fire prevention and building code council. 1. There is hereby created and established in the department of state a council, to be known as the state fire prevention and building code council. Such council shall consist of the secretary of state, as chairman, the state fire administrator and fifteen other members to be appointed as follows:
a. Two members, to be appointed by the governor, from among the commissioners of the departments of economic development, corrections and community supervision, education, health, labor, mental health and social services, office of general services, division of housing and community renewal, and the superintendent of financial services.
b. Six members, to be appointed by the governor, one of whom shall be an elected official of a city with a population over one million, one of whom shall be an elected official of another city with a population over one hundred thousand, one of whom shall be an elected official of any other city, one of whom shall be an elected county official, one of whom shall be an elected town official, and one of whom shall be an elected village official.
c. Seven members, to be appointed by the governor with the advice and consent of the senate, one of whom shall be a fire service official, one of whom shall be a registered architect, one of whom shall be a professional engineer, one of whom shall be a code enforcement official, one of whom shall represent builders, one of whom shall represent trade unions, and one of whom shall be a person with a disability as defined in section two hundred ninety-two of this chapter who would directly benefit from the provisions of article thirteen of the state uniform fire prevention and building code. The registered architect and professional engineer shall be duly licensed to practice their respective professions in the state of New York. After the certification of code enforcement personnel pursuant to this chapter shall have begun said code enforcement official shall be so certified.
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The members of the council, other than the ex-officio members, shall serve for terms of four years provided, however, that any member appointed pursuant to paragraph b of subdivision one of this section shall cease to be a member of the council when such member no longer holds the elective office which made such member eligible to appointment under such paragraph. Such terms shall commence on April first and expire on March thirty-first provided, however, that of the members first appointed pursuant to paragraph b of subdivision one of this section, three shall be appointed for terms of four years and three for a term of two years, of the members first appointed pursuant to paragraph c of subdivision one of this section, three shall be appointed for terms of four years and three for a term of two years, and the member first appointed pursuant to paragraph d of subdivision one of this section shall be appointed for a term of four years. Vacancies shall be filled for unexpired terms in the same manner as the original appointments.
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The council shall meet at least quarterly at the call of the chairman. Additional meetings may be called upon at least five days notice by the chairman or by petition of five members of the council.
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No member of the council shall be disqualified from holding any other public office, nor shall employment be forfeited by reason of the member's appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance, county or city charter.
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Each member of the council, other than a full-time government official, shall receive per diem compensation at the rate of one hundred fifty dollars per day for each day spent in the performance of his duties. All members of the council shall receive actual and necessary expenses incurred in the performance of their duties.
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The governor may remove any member for inefficiency, neglect of duty or misconduct in office after giving him a copy of the charges against him and an opportunity to be heard, in person or by counsel in his defense, upon not less than ten days notice. If any member shall be so removed, the governor shall file in the office of the secretary of state a complete statement of charges made aginst such member, and his finding thereon, together with a complete record of the proceedings.
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The ex-officio members of the council and the elected county and local government official members appointed pursuant to paragraph b of subdivision one of this section may, by official authority filed in their respective agencies, county or local governments and with the secretary, designate a deputy or other officer of their respective agency, county or local government to exercise their powers and perform their duties on the council.
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The council may create such subcommittees as it may from time to time deem appropriate to provide it with advice and recommendations concerning the performance of its duties under this article.
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a. The chairman of the council shall appoint an advisory board on assistive listening systems in places of public assembly for the purposes of providing the full council with recommendations for standards for such systems. Such advisory board shall consist of the state fire administrator, who shall serve as chairman, and six other members to be appointed as follows:
(i) three members from among the members of the state fire prevention and building code council,
(ii) three members one of whom shall represent an organization which serves as an advocate for the hearing impaired, one of whom shall represent consumers of products designed for the hearing impaired, and one of whom represents an institution of higher education with expertise in the area of assistive listening technology, who shall be entitled to be reimbursed for necessary travel and incidental expenses out of monies appropriated to the division of housing and community renewal.
b. Such advisory board shall, prior to December thirty-first, nineteen hundred eighty-nine, submit to the state fire prevention and building code council:
(i) findings on the extent of existing federal, state and local requirements for assistive listening systems,
(ii) findings on the type, design and use of existing assistive listening systems,
(iii) recommendations for design and installation standards for assistive listening systems intended for places of public assembly, and
(iv) recommendations for capacity standards for places of public assembly which shall be required to install assistive listening systems.
c. In developing such recommendations the advisory board shall take into consideration the costs of such systems, the standardization and compatibility of such systems, if the technology permits, and the utilization of such systems by the hearing impaired consumer. Particular attention should be given to the ability of consumers to utilize a single receiver which is compatible in a variety of installations employing the same assistive listening device technology.
d. In addition, the advisory board shall ensure, to the extent possible, that the standards developed for the design and installation of assistive listening systems take into consideration the opportunity for competition among manufacturers of the same or various approved systems.
N.Y. Exec. Law § 377
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New York state uniform fire prevention and building code. 1. The council shall formulate a uniform fire prevention and building code which shall take effect on the first day of January, nineteen hundred eighty-four. The council may from time to time amend particular provisions of the uniform code and shall periodically review the entire code to assure that it effectuates the purposes of this article and the specific objectives and standards hereinafter set forth. The secretary shall conduct public hearings on said uniform code and any amendment thereto. The secretary shall review such code or amendment, together with any changes incorporated by the council as a result of such hearings, to insure that it effectuates the purposes of this article. Upon being so satisfied, the secretary shall approve said code or amendment prior to its becoming effective.
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The uniform fire prevention and building code shall:
a. provide reasonably uniform standards and requirements for construction and construction materials for public and private buildings, including factory manufactured homes, consonant with accepted standards of engineering and fire prevention practices;
b. formulate such standards and requirements, so far as may be practicable, in terms of performance objectives, so as to make adequate performance for the use intended the test of acceptability;
c. permit to the fullest extent feasible, use of modern technical methods, devices and improvements which tend to reduce the cost of construction without substantially affecting reasonable requirements for the health, safety and security of the occupants or users of buildings;
d. encourage, so far as may be practicable, the standardization of construction practices, methods, equipment, material and techniques; and
e. eliminate restrictive, obsolete, conflicting and unnecessary building regulations and requirements which tend to increase unnecessarily construction costs or retard unnecessarily the use of new materials, or provide unwarranted preferential treatment to types or classes of material or products or methods of construction.
N.Y. Exec. Law § 379
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Incorporation of higher standards by council upon recommendation of local government; local building regulations. 1. Except in the case of factory manufactured homes, intended for use as one or two family dwelling units or multiple dwellings of not more than two stories in height, the legislative body of any local government may duly enact or adopt local laws or ordinances imposing higher or more restrictive standards for construction within the jurisdiction of such local government than are applicable generally to such local government in the uniform code. Within thirty days of such enactment or adoption, the chief executive officer, or if there be none, the chairman of the legislative body of such local government, shall so notify the council, and shall petition the council for a determination of whether such local laws or ordinances are more stringent than the standards for construction applicable generally to such local government in the uniform code. Such local laws or ordinances shall take full force and effect upon an affirmative determination by the council as provided herein.
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If the council finds that such higher or more restrictive standards are reasonably necessary because of special conditions prevailing within the local government and that such standards conform with accepted engineering and fire prevention practices and the purposes of this article, the council shall adopt such standards, in whole or part. The council shall have the power to limit the term or duration of such standards, impose conditions in connection with the adoption thereof, and to terminate such standards at such times, and in such manner as the council may deem necessary, desirable or proper.
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Nothing in this article shall be construed to prohibit any municipality from adopting or enacting any building regulations relating to any matter as to which the uniform fire prevention and building code does not provide, but no municipality shall have the power to supersede, void, repeal or make more or less restrictive any provisions of this article or of rules or regulations made pursuant hereto.
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Within one hundred twenty days after the effective date of the uniform code, a local government may by resolution duly enacted petition the council for a determination as to whether an existing building and/or fire code in force in said local government is more stringent than the uniform code. During the period in which the council is considering such petition such local code shall remain in full force and effect. If, after review, the council determines that such local code is less stringent than the uniform code the council shall notify the chief executive officer or, if there be none, the chairman of the legislative body of such local government and the uniform code shall, thirty days after the date of notification, apply in such local government. If the council finds that such local code is not less stringent than the uniform code such local code shall continue in full force and effect until the council, upon its own initiative, reviews such local code and determines that it is no longer more stringent, whereupon the council shall notify the chief executive officer or chairman of the legislative body of such local government and thirty days after the date of notification the uniform code shall apply in such local government.
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Notwithstanding the provisions of subdivision one of this section, the legislative body of Nassau county may have duly enacted or adopted or may duly enact or adopt local laws or ordinances imposing higher or more restrictive standards for construction within the jurisdiction of the county than are applicable generally to the county in the uniform code. The chief executive officer, or if there be none, the chairman of the legislative body of the county, shall notify the council, and shall petition the council for a determination of whether such preexisting
local laws or ordinances, or within thirty days of such enactment or adoption of such local laws or ordinances, are more stringent than the standards for construction applicable generally to such county in the uniform code. During the period in which the council is considering such petition, such local laws or ordinances shall remain in full force and effect.
N.Y. Exec. Law § 382-B
382-b. Residential buildings with truss type, pre-engineered wood or timber construction; notice requirements. 1. a. Any person utilizing truss type, pre-engineered wood or timber construction for the erection of any new residential structure, for any addition to an existing residential structure, or for any rehabilitation of an existing residential structure, shall, upon application for a building permit with the local government having jurisdiction, include on the permit application that truss type, pre-engineered wood or timber construction is being utilized.
b. The property owner or the property owner's representative shall complete a form prescribed by the council designating the structure as truss type, pre-engineered wood or timber construction and file such form with the application for a building permit.
c. Upon receiving the application for a building permit and a form designating the structure as truss type, pre-engineered wood or timber construction, the local government having jurisdiction shall notify by certified mail, facsimile, e-mail or other electronic means, the chief of the fire district, fire department or fire company having jurisdiction over the structure to be erected, added to, or modified, or his or her designee, that truss type, pre-engineered wood or timber construction is being utilized.
d. As a condition of the final receipt of a certificate of occupancy or certificate of completion, a sign or symbol designed and approved by the council shall be affixed to any electric box attached to the exterior of the structure, if one exists.
e. The property owner or his or her representative shall be responsible for maintaining the sign or symbol on the electric box of the residence, as required by paragraph d of this subdivision, and shall replace the sign or symbol when any changes or modifications are made to the electric box or the sign or symbol is damaged.
- a. The local building department or local code enforcement official having jurisdiction over the residential structure to be erected, added to, or modified, or his or her designee shall consult with the county fire coordinator, local 911 and emergency dispatchers, and the local fire protection provider or entity deemed pertinent to determine the manner sufficient to warn persons conducting fire control and other emergency operations of the existence of truss type, pre-engineered wood or timber construction in the structure.
b. The chief of the fire district, fire department, or fire company having jurisdiction over the residential structure to be erected, added to, or modified, or his or her designee shall use the information provided under subdivision one of this section to warn persons conducting fire control and other emergency operations of the existence of truss type, pre-engineered wood or timber construction in the structure.
c. Nothing contained in this section shall in any way affect or diminish section two hundred five-b of the general municipal law.
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The council shall promulgate rules and regulations it deems necessary to carry into effect the provisions of this section including, but not limited to, the dimensions and color of such sign or symbol.
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Local governments shall provide by local law or resolution for the enforcement of the provisions of this section, if necessary. Local governments may provide for joint enforcement of the provisions of this section by agreement pursuant to article five-G of the general municipal law.
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The provisions of this section shall not apply to any city with a population of one million or more persons.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)