2023 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, 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.
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.