NY Educ L § 7209 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 145 - Engineering, Land Surveying and Geology 7209 - Special Provisions.

§ 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, orb. 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.2. 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.3. 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.4.  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.5.  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.6.  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.7. 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.8. 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.9.  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.