reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 39A - STATE BOARD OF PHYSICAL THERAPY › Subchapter 10 - TELEMEDICINE › Section 13:39A-10.8 - Privacy and notice to patients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensed physical therapists or licensed physical therapist assistants who communicate with patients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards under 45 CFR Parts 160 and 164, as amended and supplemented, which are incorporated herein by reference, relating to the privacy of individually identifiable health information.
(b) Written privacy practices required by (a) above shall include privacy and security measures that assure confidentiality and integrity of patient-identifiable information. Transmissions, including patient email, prescriptions, and laboratory results must be password protected, encrypted electronic prescriptions, or protected through substantially equivalent authentication techniques.
(c) A licensed physical therapist or licensed physical therapist assistant who becomes aware of a breach in confidentiality of patient information, as defined in 45 CFR 164.402, shall comply with reporting requirements of 45 CFR Part 164.
(d) Licensed physical therapists or licensed physical therapist assistants, or their authorized representatives, shall provide a patient, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the patient's written acknowledgement of receipt of the notice.
(e) Licensed physical therapists or licensed physical therapist assistants who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give patients notice regarding telemedicine and telehealth, including the risks and benefits of being treated through telemedicine or telehealth and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A licensed physical therapist or licensed physical therapist assistant shall obtain a signed and dated statement indicating that the patient received this notice.
(f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensed physical therapist or licensed physical therapist assistant exercising ordinary skill and care would deem reasonably necessary to provide care to a patient, the licensed physical therapist or licensed physical therapist assistant shall inform the patient of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the patient regarding the need for the patient to obtain an additional in-person evaluation reasonably able to meet the patient's needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 1 - PURPOSE AND SCOPE; DEFINITIONS › Section 13:40-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to regulate the practices of professional engineering, professional land surveying and home inspection in the State of New Jersey pursuant to 45:8-27 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 1 - PURPOSE AND SCOPE; DEFINITIONS › Section 13:40-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to all applicants seeking licensure as professional engineers, professional land surveyors and/or home inspectors and all licensees practicing professional engineering, professional land surveying and/or home inspecting in the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.1 - Engineers-in-training: eligibility requirements and application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for a certificate of registration as an engineer-in-training, an applicant:
1. Shall demonstrate graduation from a program with a bachelor's degree in engineering that is accredited by the Engineering Accreditation Commission of ABET, Inc., or graduation from a program with a bachelor's degree in engineering technology that is accredited by the Technology Accreditation Commission of ABET, Inc.
i. An applicant with a degree from a college or university that is not accredited by ABET shall obtain, at his or her own expense, and submit to the Board, a detailed evaluation of his or her degree from a credential evaluation service approved by the Board or from a credential evaluation service chosen by the applicant, which the Board shall have the discretion to accept;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.2 - Professional engineers: eligibility requirements and application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for licensure as a professional engineer, an applicant:
1. Shall demonstrate graduation from a program with a bachelor's degree in engineering that is accredited by the Engineering Accreditation Commission of ABET, Inc., or graduation from a program with a bachelor's degree in engineering technology that is accredited by the Technology Accreditation Commission of ABET, Inc.;
i. An applicant with a degree from a college or university that is not accredited by ABET shall obtain, at his or her own expense, and submit to the Board a detailed evaluation of his or her degree from a credential evaluation service approved by the Board or from a credential evaluation service chosen by the applicant, which the Board will have the discretion to accept;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.3 - Surveyors-in-training: eligibility requirements and application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for a certificate of registration as a land surveyor-in-training, an applicant:
1. Shall demonstrate graduation from a program with a bachelor's degree in land surveying that is accredited by the Technology Accreditation Commission of ABET, Inc.
i. An applicant with a degree from a college or university that is not accredited by ABET shall obtain, at his or her own expense, and submit to the Board, a detailed evaluation of his or her degree from a credential evaluation service approved by the Board or from a credential evaluation service chosen by the applicant, which the Board will have the discretion to accept;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.4 - Professional land surveyor: eligibility requirements and application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for licensure as a professional land surveyor, an applicant:
1. Shall demonstrate graduation from a program with a bachelor's degree in land surveying that is accredited by the Technology Accreditation Commission of ABET, Inc.
i. An applicant with a degree from a college or university that is not accredited by ABET shall obtain, as his or her own expense, and submit to the Board, a detailed evaluation of his or her degree from a credential evaluation service approved by the Board or from a credential evaluation service chosen by the applicant, which the Board will have the discretion to accept;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.5 - Waiver of Fundamentals of Engineering examination

Current through Register Vol. 56, No. 14, July 15, 2024
The Fundamentals of Engineering portion of the licensure examination may be waived, provided that, in addition to meeting the education requirements set forth at N.J.A.C. 13:40-2.2, an applicant has an additional 15 years or more experience in engineering work that the Board determines is consistent with the requirements of N.J.S.A. 45:8-2.8(b). Eight of those years shall have been gained in the United States or acquired while working for a United States-based firm. Experience shall include engineering design experience demonstrating increased responsibility over time. All experience shall be gained under the regular and effective supervision of a licensed professional engineer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.7 - Application; reapplication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applications shall be valid for two years from the date the application is received by the Board. If the application process is not complete after two years, the application shall be deemed abandoned.
(b) An applicant whose application has been deemed abandoned may reapply and shall satisfy the eligibility requirements of the rules applicable at the time of the new application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.8 - Biennial license renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall send a notice of renewal to each licensee at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the licensee is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
(b) A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:40-6.1, prior to the date of license expiration.
(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of professional engineering or professional land surveying, or hold themselves out as eligible to engage in the practice of professional engineering or professional land surveying, in New Jersey until such time as the license is returned to active status.
(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration, by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:40-6.1. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.
(e) A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.
(f) A licensee who continues to engage in the practice of professional engineering or professional land surveying with a suspended license shall be deemed to be engaging in the unauthorized practice of professional engineering or professional land surveying and shall be subject to action consistent with N.J.S.A. 45:1-14et seq., even if no notice of suspension has been provided to the individual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.9 - Reactivation of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:40-2.8(c) may apply to the Board for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period the license was inactive, which shall include the name, address, and telephone number of each employer;
3. The renewal fee for the biennial period for which reactivation is sought, as set forth in N.J.A.C. 13:40-6.1 or , in the discretion of the Board, a prorated fee if there is less than one year remaining in the biennial renewal period; and
4. Evidence of having completed all continuing competency credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:40-12 or 13.
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of professional engineering or professional land surveying and submits proof of having satisfied that state's continuing competency requirements for that license shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing competency requirements, the requirements of this paragraph shall apply.
ii. To the extent that specific courses are required to satisfy the continuing competency requirement for, or are required to have been satisfied prior to, the biennial period for which reactivation is sought, the Board will allow applicants to take the courses within 12 months following reactivation. If the Board concludes, in accordance with (b) below, that there are practice deficiencies in need of remediation, (b) below shall apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.10 - Reinstatement of suspended license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:40-2.8may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license, which includes the names, addresses, and telephone numbers of each employer;
3. The renewal fee for the biennial period for which reinstatement is sought;
4. The unpaid renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;
5. The reinstatement fee set forth in N.J.A.C. 13:40-6.1; and
6. Evidence of having completed all continuing competency credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:40-12 or 13.
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of professional engineering or professional land surveying and submits proof of having satisfied that state's continuing competency requirements for that license, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing competency requirements, the requirements of this paragraph shall apply.
ii. To the extent that specific courses are required to satisfy the continuing competency requirement for, or are required to have been satisfied prior to, the biennial period for which reinstatement is sought, the Board will allow applicants to take the courses within 12 months following reinstatement. If the Board concludes, in accordance with (b) below, that there are practice deficiencies in need of remediation, (b) below shall apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.11 - Licensure by comity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed application and application fee, the Board shall issue a license to any person who documents that the person holds a valid, current corresponding license in good standing by another state, if:
1. The Board determines the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to current Board standards.
i. "Substantially equivalent" examination need not be identical to the current examination requirements for professional engineers or land surveyors licensed in New Jersey but such examination shall be nationally recognized and of comparable scope and rigor.
ii. An applicant's experience may be considered by the Board to compensate for disparity in substantial equivalence in education and examination requirements. However, the applicant must have either an undergraduate or graduate degree in engineering, engineering technology, or land surveying;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.12 - Waiver of the fundamentals of engineering examination

Current through Register Vol. 56, No. 14, July 15, 2024
The Board may waive the fundamentals of engineering portion of the licensure examination provided that, in addition to the education requirements at 13:40-2.8, the applicant has a specific record of an additional 15 years or more of experience in engineering work that the Board determines is consistent with the requirements of N.J.S.A. 45:8-2.8(b). Eight of the 15 years of experience must have been gained in the United States or must have been acquired while working for a United States based firm. At least two years of experience gained in the United States shall be original engineering design experience demonstrating increased responsibility over time. All experience shall be gained under the regular and effective supervision of a licensed professional engineer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.13 - References

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following provisions apply in the submission of references:
1. References will not be accepted from relatives of the applicant.
2. No current Board member shall be used as a reference.
3. All reference forms must contain the applicant's Board assigned number.
4. No references over one year old will be accepted.
5. References shall attest whether the applicant is qualified to be placed in responsible charge.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.14 - Language comprehension requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant who received an undergraduate degree from a country where the official language is other than English, prior to taking the examination shall submit to the Board a TOEFL (Test of English as a Foreign Language) certificate from Educational Testing Service with a minimum overall score of 90. This is an internet based test, which evaluates an applicant's abilities in the areas of reading, listening, speaking and writing. Additional information may be obtained from Educational Testing Service at
http://www.ets.org
. This test shall have been taken within two years of application.
(b) The following applicants shall be exempt from the requirements of (a) above:
1. An applicant who is an American citizen at the time of obtaining his or her undergraduate degree from a college or university in a country where the official language is other than English;
2. An applicant who has received an undergraduate degree from a foreign country where the official language is English; or
3. An applicant who has received a graduate degree from a college or university located in the United States.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.15 - Biennial license renewal; license suspension; reinstatement of suspended license; inactive status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licenses issued by the Board shall be issued for a biennial license period. A licensee who seeks renewal of the license shall submit prior to the expiration date of the license a completed renewal application, the renewal fee as set forth in 13:40-6.1 and:
1. In the case of a land surveyor, a statement that the licensee has successfully completed the continuing competency requirements pursuant to N.J.A.C. 13:40-11; or
2. In the case of an engineer, a statement that the licensee has successfully completed the continuing competency requirements pursuant to N.J.A.C. 13:40-13.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.16 - Comity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Comity licensure pursuant to 45:8-35(1)(e)  and 2(d) shall be granted provided that education, experience, and examination requirements for licensure by the issuing agency are comparable to the requirements of the State of New Jersey at the time of the applicant's initial licensure. For purposes of comity licensure, 45:8-27 et seq. does not contain an eminence or grandfather clause, nor provide reciprocity with any state, territory or country.
(b) The out-of-State license relied upon by an applicant for purposes of comity licensure in New Jersey must be current and in good standing. In the case of multiple state licensure, all out-of-state licenses obtained prior to applying for comity licensure in New Jersey must be in good standing whether active or inactive, in order for licensure pursuant to 45:8-35(1) (e) and (2)(d)  to be granted.
(c) A record book from the National Council of Examiners for Engineering and Surveying (NCEES) shall be acceptable to the Board only if it is sent directly to the Board office from the National Council of Examiners for Engineering and Surveying. The applicant shall complete the Board application form in its entirety. The record book shall meet the following requirements:
1. The book shall be labeled with the application number;
2. References over one year old will not be accepted; and
3. All references and transcripts shall be submitted to the Board in conformance with 13:40-2.4 through 2.13.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 2 - LICENSURE REQUIREMENTS AND APPLICATION PROCESSES › Section 13:40-2.17 - Credit towards licensure or certification for education, training, and experience received while serving as a member of the Armed Forces

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure or certificate of registration under this subchapter may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure or certificate of registration, as appropriate.
(b) The Board shall issue a license or certificate of registration, as appropriate, to the applicant, if the applicant presents evidence to the Board that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, experience, and education the applicant has received in the military, together with any education, training, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience and education required for licensure or certification under this subchapter.
i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.
ii. An applicant seeking credit for education courses and/or training completed while in the military who does not hold a degree from an engineering or land surveying program accredited by the Engineering Accreditation Commission of ABET, Inc. shall submit to a transcript review service selected and approved by the Board, a Joint Services Transcript of his or her education and training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to an ABET, Inc. accredited program. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses and/or training relevant to the practice of engineering or land surveying, as applicable, that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
3. The applicant complies with all other requirements for licensure or certification under this subchapter, as appropriate, including, but not limited to, successful completion of any examination or examinations required for licensure or certification.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 3 - PROHIBITED ACTIONS; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT › Section 13:40-3.1 - Prohibited actions; issuance and display of certificate; advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not use the title "professional engineer," "engineer" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice engineering in this State unless that person is licensed by the Board.
(b) A person shall not use the title "professional land surveyor," "surveyor" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice professional land surveying in this State unless that person is licensed by the Board.
(c) All professional engineering and professional land surveying performed for or by a department, institution, commission, board or body of the State Government or for or by any county, city, township, village, borough or other municipal corporation or other political subdivision in the State shall be performed by a licensed individual in conformance with 45:8-27 et seq., 45:4B-1 et seq. and N.J.A.C. 13:40.
(d) Every holder of a license shall display the license certificate in a conspicuous place in the licensee's principal office, place of business or employment.
(e) Each license number and license certificate containing the license number issued by the Board shall remain the property of the State of New Jersey, If the Board suspends, fails to renew, or revokes a license, the licensee shall immediately return all certificates to the Board and shall remove the license number from all advertising and anything else on which the license number is displayed or otherwise communicated.
(f) The Board shall issue a replacement license certificate to a licensee upon payment of the replacement certificate fee as set forth in 13:40-6.1 and receipt by the Board of an affidavit or certified statement attesting that the original was either lost destroyed, mutilated or is otherwise no longer in the custody of and cannot be recovered by the licensee.
(g) The Board shall issue a duplicate license certificate to a licensee upon payment of the duplicate certificate fee as set forth in 13:40-6.1 and receipt by the Board of an affidavit or certified statement that the licensee has multiple places of business in which the licensee must display a certificate. A licensee shall not possess more certificates than the number of places of business utilized by the licensee.
(h) Failure to return a license certificate which has been rendered invalid shall subject the individual to such penalties as provided by law and may be grounds for the Board to refuse to reinstate a license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 3 - PROHIBITED ACTIONS; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT › Section 13:40-3.3 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Professional engineers and professional land surveyors shall meet the following requirements concerning advertisements:
1. An advertisement shall include a term which is descriptive of the professional services to be rendered, such as "professional engineer," "professional land surveyor," "professional engineering," "engineering," "professional land surveying," "surveying," "professional engineer on staff," "professional land surveyor on staff," "professional engineering services," "professional land surveying services" or the substantial equivalent thereof and may be made only by a professional business entity.
2. An advertisement shall include the name and license number of a professional engineer or professional land surveyor, as appropriate, and, if applicable, the name of the professional business entity and its certificate of authorization number.
3. Each professional engineer and professional land surveyor, who is a principal, partner or officer of a professional business entity, shall be responsible for the form and content of any advertisement, which offers to provide professional engineering and/or professional land surveying services.
4. A copy of each advertisement shall be retained by each professional engineer and professional land surveyor who is a principal, partner or officer of a professional business entity, for a period of three years from the date of the last authorized publication or dissemination of the advertisement and shall be made available for review upon request by the Board.
5. Any professional engineer, professional land surveyor or professional business entity that uses an advertisement containing false or misleading information, including claims of superiority that cannot be substantiated, or that fails to meet the requirements set forth in this subsection shall be deemed to be engaged in professional misconduct.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 3 - PROHIBITED ACTIONS; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT › Section 13:40-3.4 - Release of project records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this section, the term "records" whether electronic, digital, or in written form, shall include, but not be limited to, any plans, reports, documents, field notes, computer-aided drafting files, or other items of work product generated for an engineering or land surveying project as contractually defined, which would be reasonably necessary to the completion of the project for which the professional engineer or professional land surveyor was originally retained.
(b) Originals of records shall remain in the possession of the professional engineer or professional land surveyor unless otherwise provided by statute or written contractual agreement.
(c) The client of a professional engineer or professional land surveyor shall be entitled to complete copies of all records, whether electronic, digital or written form, generated for the engineering and/or land surveying project within a reasonable period of time after forwarding a written request to the professional engineer or professional land surveyor and upon payment of such proportion of fees as reflect the extent of all services performed.
1. Such copies may be signed but shall not be sealed where data utilized as the basis for the preparation of same may have changed since the date the documents were originally prepared.
2. A disclaimer shall be put on said documents which indicates that the data utilized in the documents may have changed. The disclaimer shall read as follows:
"This document reflects conditions as of (insert place, date of the original document) and may not show current conditions as of (insert the present date)."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 3 - PROHIBITED ACTIONS; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT › Section 13:40-3.6 - Reporting incidents of professional misconduct

Current through Register Vol. 56, No. 14, July 15, 2024
If a licensee has knowledge or reason to believe that another person or firm may be in violation of or has violated any of the statutes or rules administered by the State Board of Professional Engineers and Land Surveyors, he or she shall present such information to the Board in writing and shall cooperate with the Board in furnishing such information or assistance as may be required by the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 4 - GENERAL PROVISIONS › Section 13:40-4.1 - Notification of change of address; service of process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee of the State Board of Professional Engineers and Land Surveyors shall notify the Board in writing of any change of address from that currently registered with the Board and shown on the most recently issued certificate. Such notice shall be sent to the Board by certified mail, return receipt requested, not later than 30 days following the change of address.
1. All addresses of licensees shall contain street names and numbers. Post office box numbers without street addresses shall not be acceptable.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 4 - GENERAL PROVISIONS › Section 13:40-4.2 - Scope of practice; home inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An engineer licensed by the State Board of Professional Engineers and Land Surveyors may apply to the Board for certification of eligibility for licensure as a home inspector.
(b) The licensed professional engineer shall submit to the Board an application provided by the Board and the application fee in the amount set forth at 13:40-15.23. The licensed professional engineer shall document through submission of the application that the engineer possesses the requisite training, education and experience to conduct home inspections specifically related to the following systems and components:
1. Structural components;
2. Exterior components;
3. Roofing system;
4. Plumbing system;
5. Electrical system;
6. Heating system;
7. Cooling system;
8. Interior component system;
9. Insulation system;
10. Ventilation system;
11. Fireplace system;
12. Solid fuel burning appliances or systems; and
13. Related residential housing component systems.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 5 - PROFESSIONAL LAND SURVEYORS; PREPARATION OF LAND SURVEYS › Section 13:40-5.2 - Waiver of corner marker

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "ultimate user" means the contract purchaser of the property. If no purchaser exists, the ultimate user is the owner of the property. In cases where there are multiple ultimate users of the property being surveyed, only one ultimate user is required to sign the waiver.
(b) Whenever the setting of corner markers is waived by the ultimate user, the professional land surveyor shall:
1. Advise the ultimate user in writing as set forth in (c) below of the impact of signing the corner marker waiver. Such advice shall include, but not be limited to:
i. The possible need for a future survey as a result of physical improvements to the property; and
ii. The potential inability of the ultimate user to identify the boundary of the property;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 6 - FEES › Section 13:40-6.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Board:
Click here to view image.
(b) For a Certificate of Authorization issued pursuant to P.L. 1989, c. 276, general business corporations and limited liability companies offering to provide engineering or land surveying services in New Jersey shall pay a fee of $120.00 for a biennial period, or $60.00 per year. The late renewal fee for Certificate of Authorization is $50.00. The reinstatement fee for Certificate of Authorization is $125.00.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 7 - PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS › Section 13:40-7.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Definitions: All words, terms, and phrases shall be as defined in the Municipal Land Use Law, 40:55D-1 et seq.
(b) Preparation and submission of the various elements of a preliminary or final site plan or major subdivision plat shall be within the professional scope of the various professions as listed in this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 7 - PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS › Section 13:40-7.2 - Depiction of existing conditions on a site plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Survey: Showing existing conditions and exact location of physical features including metes and bounds, drainage, waterways, specific utility locations, and easements: By a land surveyor.
1. Survey information may be transferred to the site plan if duly noted as to the date of the survey, by whom, and for whom. A signed and sealed copy of the survey shall be submitted to the reviewing governmental body with the site plan submission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 7 - PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS › Section 13:40-7.3 - Preparation of site plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The location of proposed buildings and their relationship to the site and the immediate environs: By an architect, engineer, or licensed landscape architect.
(b) The locations of drives; parking layout; pedestrian circulation; and means of ingress and egress: By an architect, planner, engineer, or licensed landscape architect.
(c) Drainage facilities for site plans of 10 acres or more; or involving stormwater detention facilities; or traversed by a water course: By an engineer only.
(d) Other drainage facilities: By an architect or engineer.
(e) Utility connections and on tract extensions: By an engineer or architect.
(f) Off tract utility extensions: By an engineer only.
(g) On site sanitary sewage disposal or flow equalization facilities: By an engineer only.
(h) Preliminary floor plans and elevation views of buildings illustrating the architectural design of a project: By an architect, except when the building is part of an engineering or industrial project, floor plans and elevation views may be by an engineer.
(i) Landscaping, signs, lighting, screening or other information not specified above: By an architect, planner, engineer, licensed landscape architect or other person acceptable to the reviewing governmental body.
(j) The general layout of a conceptual site plan for a multiple building project, showing the development elements, including their relationship to the site and immediate environs: By an architect, planner, engineer or licensed landscape architect.
(k) The grading of land and water forms, natural drainage, and determination of related impacts, assessments, and problems of land disturbance including erosion and sedimentation, blight, or other hazards: By an architect, engineer, or licensed landscape architect.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 7 - PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS › Section 13:40-7.4 - Preparation of a major subdivision plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The general location of facilities, site improvements and lot layouts: By an architect, engineer, land surveyor, planner or licensed landscape architect.
(b) The design and construction details of all public improvements including street pavements, curbs, sidewalks, sanitary sewage, storm drainage facilities: By an engineer only.
(c) Final subdivision map with metes and bounds: By a land surveyor only.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 7 - PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS › Section 13:40-7.5 - Effect of local ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Informal site plans, not required by local ordinances are excluded from this rule.
(b) No municipal or county ordinance, policy or action purporting to define the scope of professional activity of architects, engineers, land surveyors, planners or licensed landscape architects in the preparation of site plans or major subdivisions shall reduce or expand the scope of professional practice recognized by the boards.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 8 - SEALING AND TITLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Section 13:40-8.1 - Signing and sealing of documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All sealing of documents shall be done with a digital or an impression-type seal, the design of which shall be authorized by the Board and shall contain the name and license number of the professional engineer or professional land surveyor and the legend "Licensed Professional Engineer," "Licensed Land Surveyor" or "Licensed Professional Engineer and Land Surveyor," as the case may be. Alternatives, such as rubber stamp facsimiles of the seal shall not be permitted. Digital seals may be used, so long as they are in compliance with N.J.A.C. 13:40-8.1A.
(b) The application of a signature and seal to documents relating to the practice of professional engineering and/or professional land surveying shall indicate that the licensee has provided regular and effective supervision to those individuals performing services that directly and materially affect the quality and competence of the engineering or land surveying work rendered.
1. The following documents shall be signed and sealed and shall contain the name of the professional business entity and, if appropriate, the entity's certificate of authorization number:
i. Maps, plats, reports, descriptions, plans, design specifications, certifications or similar documents; and
ii. Shop drawings for the construction of buildings, structures and related equipment, or for other purposes, the preparation of which requires engineering calculations and/or engineering input. Catalog information and standard product information shall be exempt from the requirements of this section.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 8 - SEALING AND TITLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Section 13:40-8.1A - Digital signatures and seals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A digital signature and seal shall carry the same weight, authority, and effect as a handwritten signature and impression-type seal, when the following criteria are met:
1. The digital signing and sealing process satisfies the requirements of the Digital Signature Standard (DSS) established by the National Institute of Standards and Technology, FIPS PUB 186-4, Digital Signature Algorithm Validation System, (2013), which is incorporated herein by reference, as amended and supplemented. This standard may be obtained at the following website:
http://www.NIST.gov/
. The digital signature and seal must be:
i. Unique to the licensee;
ii. Verifiable by a trusted third party or some other approved process as belonging to the licensee; and
iii. Under the licensee's direct and exclusive control; or
iv. Linked to a document in such a manner that the digital signature and seal is invalidated if any data in the document is changed. Once the digital signature and seal are applied to the document, the document shall be available in read-only format if the document is to be digitally transmitted.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 8 - SEALING AND TITLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Section 13:40-8.2 - Title block on drawings; forms; removal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensee shall provide a title block on all drawings (except renderings), and similar information on the title page of all specifications and reports constituting the practice of the profession.
(b) The title block shall be in such form as the Board may adopt or approve.
(c) Such title block shall be distinct and separate from any other title block, plaque, or any similar device of illustration or lettering.
(d) The title block shall be lettered on the drawing in such a manner as to reproduce clearly on all prints and reproductions thereof.
(e) No person shall remove a title block from any manually drafted or digital drawing, or from any print or reproduction for any reason.
(f) A licensee shall not place his or her title block on any drawing, report, or other document that contains a title block of an individual, firm, or corporation that is not authorized to practice professional engineering or professional land surveying in the State.