New York Landscaping Licensing Law
New York Code · 15 sections
The following is the full text of New York’s landscaping licensing law statutes as published in the New York Code. For the official version, see the New York Legislature.
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 § 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 § 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 § 7323
§ 7323. State board for landscape architecture. A state board for landscape architecture 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 landscape architects licensed in this state. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner.
N.Y. EDN § 7324
§ 7324. Requirements for a professional license. 1. To qualify for a license as a landscape architect, 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 in landscape architecture, in accordance with the commissioner's regulations;
(3) Experience: have experience satisfactory to the board in appropriate landscape architectural work and of sufficient amount so that the combined college study and experience total eight years;
(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 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 fifteen dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of one hundred fifty-five dollars for each triennial registration period.
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In lieu of degree and experience requirements specified in subparagraphs (2) and (3) of subdivision one of this section, twelve years of practical experience in landscape architecture of a grade and character satisfactory to the board may be accepted by the department provided that each complete year of study satisfactory to the department may at the discretion of the board be accepted in lieu of two years of experience but not to exceed eight years toward the required total of twelve years. Eight years of such experience satisfactory to the board may be accepted by the department for admission to that portion of the examination related to fundamental landscape architecture theory.
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In lieu of degree, experience and examination requirements specified in subparagraphs (2), (3) and (4) of subdivision one of this section, ten years of lawful practice of landscape architecture outside the state satisfactory to the board may be accepted by the department upon the passing of a practical examination satisfactory to the board.
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On recommendation of the board, the department may exempt from examination an applicant who holds a license or certificate to practice landscape architecture issued to him upon examination by a legally constituted board of examiners in any other state or political subdivision of the United States, provided the applicant's qualifications met the requirements in this state at the time such license was issued.
N.Y. EDN § 7325
§ 7325. Limited permits. 1. On recommendation of the board, the department may issue a limited permit to practice landscape architecture to a landscape architect not a resident of this state and having no established business in this state who is legally qualified to practice as such in his own country or state and who submits evidence satisfactory to the board of established and recognized professional standing in his own country or state and satisfactory certifications as to character and qualifications. Such limited permit shall be issued solely in connection with the specific project for which it is granted.
- Fees. The fee for each limited permit shall be seventy dollars.
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.
-
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.
-
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.
-
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.
-
NB Effective until May 21, 2027
-
§ 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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
NB Effective May 21, 2027
N.Y. GBS § 770
§ 770. Definitions. As used in this article, the following terms, unless the context requires otherwise, shall have the following meanings:
-
"Person" means a natural person.
-
"Owner" means any homeowner, co-operative shareholder owner, or residential tenant, or any person who purchases a custom home as defined in this section.
-
"Home improvement" means the repairing, remodeling, altering, converting, or modernizing of, or adding to, residential property and shall include, but not be limited to, the construction, erection, replacement, or improvement of driveways, swimming pools, siding, insulation, roofing, windows, terraces, patios, landscaping, fences, porches, garages, solar energy systems, flooring, basements, and other improvements of the residential property and all structures or land adjacent to it. "Home improvement" shall also mean the construction of a custom home, the installation of home improvement goods or the furnishing of home improvement services. "Home improvement" shall not include:
(a) the sale or construction of a new home, other than a custom home as defined in this section;
(b) the sale of goods by a seller who neither arranges to perform nor performs, directly or indirectly, any work or labor in connection with the installation or application of the goods;
(c) the sale or installation of appliances, such as stoves, refrigerators, freezers, room air conditioners, dishwashers, clothes washers or dryers, which are designed to be removable from the premises without material alteration thereof;
(d) the sale or installation of decorative goods or services, such as draperies and carpets; or
(e) the performance of repairs, replacements, or other services pursuant to an express or implied warranty, or a maintenance agreement as defined in section three hundred ninety-five-a of this chapter.
-
"Home improvement goods or services" means goods and services which are bought in connection with home improvement. Such home improvement goods and services include burglar alarms, texture coating, fencing, air conditioning, heating equipment, and any other goods which, at the time of sale or subsequently, are to be so affixed to real property by the home improvement contractor as to become a part of real property whether or not severable therefrom.
-
"Home improvement contractor" means a person, firm or corporation which owns or operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement for a fee and for whom the total cash price of all of his home improvement contracts with all his customers exceeds one thousand five hundred dollars during any period of twelve consecutive months. Home improvement contractor does not include a person, firm, corporation, landlord, cooperative corporation, condominium board of managers, joint tenant or co-tenant that owns, in whole or in part, the property to be improved.
-
"Home improvement contract" means an agreement for the performance of home improvement, between a home improvement contractor and an owner, and where the aggregate contract price specified in one or more home improvement contracts, including all labor, services and materials to be furnished by the home improvement contractor, exceeds five hundred dollars.
-
"Custom home" means a new single family residence to be constructed on premises owned of record by the purchaser at the time of contract, provided that such residence is intended for residential occupancy by such purchaser and the contract of sale is entered into on or after the first day of March, nineteen hundred ninety.
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"Roofing contractor" means a person, firm or corporation, including but not limited to, a person that is a nonresident roofing contractor, independent contractor, day laborer or subcontractor engaged in the business of roofing, gutter, downspout or siding services for a fee or who offers to engage in or solicits roofing-related services, including construction, installation, renovation, repair, maintenance, alteration or waterproofing. This definition shall not include a person engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material, nor a person engaged in building a new home or housing development. "Roofing contractor" shall not include:
(a) an owner or farm property owner who physically performs, or has employees who perform repairing, remodeling, altering, converting, or modernizing of, or adding to, their own dwelling or another structure located on the property owned by the person without the assistance of a roofing contractor.
(b) any authorized employee or representative of the United States government, the state of New York, or any political subdivision performing the repairing, remodeling, altering, converting, or modernizing of, or adding to, government property.
N.Y. § LAB-article-7
New York Labor Law Article 7 (2023) - General Provisions :: 2023 New York Laws :: US Codes and Statutes :: US Law :: Justia
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Article 7 - General Provisions
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LAB - Labor Article 7 - General Provisions
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200 - General Duty to Protect the Health and Safety of Employees; Enforcement.
200-A - Laws to Be Posted at Airports.
201 - Laws and Orders to Be Posted.
201-A - Fingerprinting of Employees Prohibited.
201-B - Fees for Medical Examination.
201-C - Discrimination in Child-Care Leave Prohibited.
201-D - Discrimination Against the Engagement in Certain Activities.
201-E - Maintenance of Employee-Patient Records at Occupational Health Service Centers.
201-F - Posting Regulations on Employment of Persons Previously Convicted of One or More Crimes.
201-G - Prevention of Sexual Harassment.
201-H - Posting of Veterans' Benefits and Services.
201-I - Request for Access to Personal Accounts Prohibited.
202 - Protection of the Public and of Persons Engaged at Window Cleaning and Cleaning of Exterior Surfaces of Buildings.
202-A - Leave of Absence for Bone Marrow Donations.
202-B - Leave for Organ or Bone Marrow Donation Granted to State Employees.
202-C - Prevention of Personal Injuries in the Use of Ski Tows, Other Passenger Tramways and Downhill Ski Areas.
202-D - Coin-Operated Machines Performing a Manufacturing Process.
202-E - Protection of Persons Employed On/in Vehicular Bridges And/or Tunnels.
202-F - Protection of Hotel and Motel Employees Against Fire Hazards in Employee Housing Facilities.
202-G - Display of Fuel-Connected Appliances in Wholesale or Retail Store.
202-H - High-Voltage Proximity.
202-I - Leave of Absence for Military Spouses.
202-J - Leave of Absence for Blood Donation Granted to Employees.
202-K - Protection of Persons Employed in the Broadcast Industry.
202-L - Leave of Absence for Volunteer Emergency Responders.
203 - Washrooms, Washing Facilities and Waterclosets for Elevator Employees.
203-A - Seats in Certain Passenger Elevators or Relief for the Operator.
203-B - Seats for Female Employees.
203-C - Employee Privacy Protection.
203-D - Employee Personal Identifying Information.
203-E - Prohibition of Discrimination Based on an Employee's or Dependent's Reproductive Health Decision Making.
203-F - Inventions Made by Employees.
204 - Inspection of Boilers; Enforcement; Fees; Identification; Exceptions.
204-B - Refunds.
205 - Prohibition Against Eating Meals in Certain Workrooms.
206 - Prevention of Personal Injuries to Persons Engaged in Tree Trimming.
206-A - Physical Examinations of Females.
206-C - Right of Nursing Employees to Express Breast Milk.
207 - Protection of Employees at Switchboards.
207-A - Employee Safety in Work on Energized High Voltage Lines.
208 - Labels, Brands and Marks Used by Labor Organizations.
209 - Illegal Use of Labels, Brands and Marks; Injunction Proceedings.
209-A - Fraudulent Representation in Labor Organizations.
210 - Proceedings for Nonenforcement.
210-A - Legal Duty to Employees.
211 - Protection of Employees.
211-A - Prohibition Against Use of Funds.
212 - Drinking Water for Farm Laborers.
212-A - Migrant Registration Law.
212-B - Farm Labor Camp Commissaries; Issuance of Permit; Renewal, Refusal, Suspension, and Revocation of Permit; Rules and Regulations.
212-C - Definitions.
212-D - Field Sanitation for Farm Hand Workers, Farm Field Workers and Farm Food Processing Workers.
213 - Violations of Provisions of Labor Law; the Rules, Regulations or Orders of the Industrial Commissioner and the Industrial Board of Appeals.
213-A - Special Provisions Regarding the Purchasing of Apparel or Sports Equipment by the State University of New York and the City University of New York.
214 - Criminal Prosecution.
215 - Penalties and Civil Action; Prohibited Retaliation.
215-A - Discrimination Against Employees for Failure to Meet Certain Ticket Quotas.
Expiration Date: 09/01/2025
215-B - Children; Adverse Information; Notification.
215-C - Discrimination Against Employees for Displaying the American Flag.
216 - Failure to Pay Statutory Inspection Fees.
217 - Employee Notification and Remittance of Premiums; Group Policies of Accident and Health Insurance.
218 - Violations of Certain Provisions; Civil Penalties.
218-A - Sun Safety Education for State Employees.
218-B - Prevention of Occupational Exposure to an Airborne Infectious Disease.
219 - Violations of Certain Wage Payment Provisions; Interest, Filing of Order as Judgment.
219-A - Affirmation in Lieu of Oath.
219-C - Public Notice of Employer Violations.
219-D - Emergency Alert Notification System Employer Registration.
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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)