NEW JERSEY ADMINISTRATIVE CODE

Title 13 - Administrative Rules and Regulations

  Chapter 40 - Professional Engineers and Land Surveyors

Subchapter 1. Title Blocks For Professional Engineers And Land Surveyors

13:40-1.1 Sealing Documents.

All sealing of documents must be done with an impression-type seal.  A rubber stamp facsimile of the seal may not be used.

13:40-1.2 Title block on drawings; forms; removal.

(a) Every licensee shall provide a title block on all drawings (except renderings), and similar information on the title page of all specifications which are prepared and sealed.

(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 print or reproduction.

13:40-1.3 Title block contents.

 (a) The title block shall contain:

1. The name and location of the project;

2. The name of the engineering or land surveying individual firm, partnership, corporate, professional association or professional service corporation;

3. The full name and certificate number of the person(s) in responsible charge;

4. The title "professional engineer" or "land surveyor";

5. The handwritten signature of the person(s) in responsible charge and the date when signed.

(b) An appropriate title block shall be provided on a site plan which shall be included in any set of drawings of a building project.  Any plan including land surveying data must also bear the title block or identity of the land surveyor who performed the land surveying work.

(c) The title block may contain the initials of the draftsman or checker, and dates, drawing numbers, revision numbers and such similar incidental items are as customary in practicing engineers' or land surveyors' offices, provided that the name of the person(s) in responsible charge is readily discernible from the other information on the document and contained within the heavy borderline of the title block.

13:40-1.4 Proposed title block form.

Any licensee may submit a proposed form of title block to the State Board of Professional Engineers and Land Surveyors for approval.

13:40-1.5 Title block use for professional engineer and land surveyor work project.

In the event the project contains the work of both a professional engineer and land surveyor, any individual licensed in both professions may use the title "professional engineer and land surveyor" in one title block.

13:40-1.6 Subtitle block of independent professional.

If a project includes the work of any other licensed professional, not under the immediate supervision of the licensee in responsible charge and not otherwise identified in accordance with N.J.A.C. 13:40-7, a subtitle block of that professional firm or individual must appear on all plans involving that profession.

As Amended 15 N.J.R. 157(d), effective February 7, 1983

Expiration date pursuant to Executive order #66, (1978): February 7, 1988.

Subchapter 2. Repealed

Subchapter 3.  Misconduct

13:40-3.1 Enumeration of prohibited acts.

(a) misconduct in the practice of professional engineering or land surveying within the meaning of N.J.S.A. 45:8-38 shall include, without limitations:

1.  Acting for his client or employer in professional matters otherwise than as a faithful agent or trustee; accepting any remuneration other than his stated recompense for services rendered.

2.  Disregarding the safety, health and welfare of the public in the performance of his professional duties; preparing or signing and sealing plans, surveys or specifications which are not a safe design and in conformity with accepted standards.  If the client or employer insists on such conduct, the licensee shall notify the proper authorities and withdraw from further service on the project.

3.  Advertising his work or merit using claims of superiority which cannot be substantiated.

4.  Engaging in any activity which involves him in a conflict of interest, including without limitation:

i.  A licensee shall inform his client or employer of any business connection, interest or circumstance which might be deemed as influencing his judgement or the quality of his services to the client or employer.

ii.  When in public service as a member, advisor or employee of a governmental agency, a licensee shall not participate in the deliberations or actions of such agency with respect to services rendered or to be rendered by the licensee or any firm or organization with which he is associated in private practice.

iii.  A licensee shall not solicit or accept a professional contract from a governmental agency upon which a principal, officer or employee of his firm or organization serves as a member, advisor or employee.

iv.  A licensee shall not accept compensation or remuneration, financial or otherwise, from more than one interested party for the same service or for services pertaining to the same work, unless there has been full disclosure to and consent by all interested parties; except, however, that notwithstanding such disclosure and consent, a licensee shall not approve his own plans or work.

v.  A licensee shall not accept compensation or remuneration, financial or otherwise, from material or equipment suppliers for specifying their product.

vi.  A licensee shall not accept commissions or allowances, directly or indirectly, from contractors or other persons dealing with his client or employer in connection with work for which he is responsible to the client or employer.

5.  Affixing his seal to any plans, specifications, plats or reports or surveys which were not prepared by him or under his supervision by his employees or subordinates.

6.  Violate the engineering or land surveying laws of any state.

7.  Permitting or allowing any person not appropriately licensed pursuant to N.J.S.A. 45:8-27 to act for or on behalf of the licensee as his representative, surrogate or agent while appearing before any public or private body for the purpose of rendering professional engineering or land surveyor services.

As Amended, R. 1976 d. 228, eff. July 21, 1976

As Amended, 15 N.J.R. 158(a), effective February 7, 1983

As Amended, 16 N.J.R. 1321(a), effective November 5, 1984

Expiration date pursuant to Executive Order #66, (1978): February 7, 1988.

13:40-3.2 Reporting incidents of professional misconduct.

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 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.

Subchapter 4. General Provisions

13:40-4.1 Notification of change of address; service of process.

(a) A licensee of the 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.

(b) Failure to notify the Board of any change of address pursuant to (a) above may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h).

(c) Service of an administrative complaint or other Board-initiated process at a licensee's address currently on file with the Board shall be deemed adequate notice for the purpose of N.J.A.C. 1:1-7.1 and the commencement of any disciplinary proceedings.

13:40-4.2 Uniform penalty letter.

This form letter is utilized by licensing boards in disciplinary matters.

Subchapter 5. Land Surveyors; Preparation of Land Survey

13:40-5.1 Land Surveyors; preparation of land surveys.

(a) The practice of land surveying includes surveying of areas for their correct determination and description and for conveyancing, and for the establishment or reestablishment of land boundaries and the plotting of lands and subdivisions thereof, and such topographical survey and land development as is incidental to the land survey.  Statutory Reference N.J.S.A. 45:8-28(e)

(b) Prior to conducting a survey, the licensed land surveyor shall obtain all pertinent information and documentation in the client's possession relative to the property to be surveyed.  Such information may include, but not be limited to, earlier surveys, record deeds, title reports, original tract maps, public records and state, county or municipal maps.  When such information provided is not sufficient to meet the owner's needs, the surveyor shall make all reasonable efforts to obtain all information and documentation needed to render an accurate survey.

 (c) When a property survey is to be performed, a field survey must be made of the property in question and such field survey shall include all measurements and recording of all data as may be necessary to perform an accurate survey.  The licensed land surveyor shall either perform the field survey or exercise sufficient supervision of the work as necessary to fulfill adequately all professional responsibilities.

(d) Appropriate corner markers, such as stakes, iron pipes, cut crosses, monuments, and so forth, shall be set either by the licensed land surveyor or under the supervision of the licensed land surveyor.  Such markers shall be set at each property corner not previously marked by a property marker, unless the actual corner is not accessible, or unless written contractual arrangements specify otherwise.  When written contractual arrangements are made to omit corner markers, a notation stating that such omissions have been made shall be included on the plat or plan of survey.

1.  All boundary of corner markers delineating the property surveyed, found or set, must be described on the plat of survey with data provided to show their relation to the property or corner or, if appropriate, to the boundary lines.  When a property corner cannot be set because of physical constraints, a witness marker shall be set and so noted upon the plat of survey.

2.  Markers for property corners set by licensed surveyors, except for monuments required on Filed Maps, shall be composed of durable material and be of the minimum length practical to reasonably assure permanence, with a recommended length of 18 inches or more.  These markers may include:

i.  Concrete Monuments;

ii.  Iron pins, one-half inch O.D. or larger;

iii.  Reinforcing steel bars one-half inch O.D. or larger;

iv.  Iron pipes, one-half inch O.D. or larger;

v.  Commercially manufactured iron or aluminum monuments;

vi.  Brass discs (or similar metal), set in durable         material;

vii.  Nails or spikes set in durable materials;

viii.  Drill holes in durable materials;

ix.  Plastic Stakes

The above described marker requirements do not apply to intermediate points set on line or for random traverse points.

3.  In all cases listed in (d)2 above, including monuments set in accordance with the map filing law, the marker shall be identified with a durable cap, disc, or shiner, etc., bearing the name of the surveyor of firm responsible for setting the corner.

4.  All markers set pursuant to (d)2. above shall be detectable with conventional instruments used to find ferrous or magnetic objects.

5.  Paragraph 2. of subsection (d) does not apply to individual condominium units where same are composed totally of buildings.

(e) A plat, also referred to as a plan of survey, shall be prepared either by the licensed land surveyor or under the supervision of the licensed land surveyor.  Such plat shall show all matter relevant to a complete and clear exposition of the property.

(f) The items which must always be shown are:

1. Title Block complying with N.J.A.C. 13:40-2.1 et seq.;

2. The State, county and municipality in which the property is located and specific data as provided by the owner; identifying the property or other pertinent identifying data as deemed appropriate by the surveyor, including block, lot number and address;

3. North arrow (with reference used) and scale;

4. The point of beginning;

5. Metes and bounds of the property in question; All measurements are to be indicated in feet and decimals of a foot except when legal requirements or professional custom and usage require another form of measurement;

6. Property corner markers, both found and set, or the relation of existing markers to the property corner or, if appropriate, to the boundary lines;

7.  Street and street names and widths when such streets abut or adjoin the property in question.  If the street is not open, the survey should so indicate;

8.  Encroachments of structures both on the premises in question and/or adjoining properties;

9.  Fences, tree rows, hedges, streams, ditches, building locations, easements and any physical occupation influencing property line determination;

10.  In all cases, survey work shall be performed in accordance with currently accepted accuracy standards, but such accuracy standards may be limited by contractual arrangements.  Such limitations shall be appropriately noted on the final drawing.

 (g) Notwithstanding any other provisions of these rules to the contrary, the following items may be omitted where written contractual agreements with the client so provide;

1.  Areas of established city lots or recorded subdivision map lots, unless the area is recited in the record deed of the property in question;

2.  Fences and streams and ditches, unless such fences, streams and ditches are on or in close proximity to the property lines and affect the property in question;

3.  Sidewalks, driveways, walkways or other traveled ways, unless such ways affect the property in question;

4.  Utility lines, easements or right-of-way lines, except when recited in the record deed or when such utility lines, easements or right-of-way lines affect the use of adjacent properties or the property in question.

5.  Location and type of building and other structures on the property in question.

(h) When any of the various items listed above are omitted, the plat or plan of survey should indicate in a factual way that such omissions are made.

 (i) Upon completing the plat or plan of survey, the licensed land surveyor shall provide the client an agreed upon number of prints of the survey drawing.  Such print copies of the plat or plan of survey drawing shall bear the signature and impression seal of the licensed land surveyor.  Certification by the licensed land surveyor may be given when requested by the client.  The licensed land surveyor shall also supply a deed description of the property surveyed when the survey is to be used for conveyancing.  This description shall be consistent with both the survey provided and the documentation upon which the survey was based, and shall be written in such a manner as to define the boundary lines of real property so that the description is unambiguous and sufficient for a surveyor to lay it out on the ground.

(j) No reproductions or photographic copies of a plan or survey shall be offered or issued by a licensee for use in any court, land transaction or filing in any public agency or office unless such copies shall bear the signature and impression seal of the licensed land surveyor.

(k) Tax assessment maps must be prepared by a licensed land surveyor, who is obligated to prepare such maps in full compliance with the legal requirements pertaining to such maps.

(l) Failure to comply with the provisions of this Subchapter and with applicable State laws and local ordinances may subject the licensed land surveyor to disciplinary action in accordance with N.J.S.A. 45:8-38.

 (m) Subdivisions, whether classified major or minor, shall be prepared by a licensed land surveyor and shall be based on a new or existing survey of the property being subdivided; provided, however, that when an existing plat or plan of survey is used, only the licensed land surveyor who prepared the boundary map on which the subdivision is based shall provide the certification that the boundary survey was prepared under his supervision as required by the map filing law, N.J.S.A. 46:23-9.11 (m).

(n) Maps prepared to show topographic data or planimetric data which also delineate property lines or right-of-way lines thereon shall be prepared by a licensed land surveyor.  Such survey information may be transposed to construction plans or other drawings if duly noted as to the date of survey, by whom, and for whom it was prepared.

R. 1977 d. 160, eff. May 5, 1977

See: 8 N.J.R. 560(b), 9 N.J.R. 290(a)

As Amended, 16 N.J.R. 2369, effective Sept. 4, 1984.

Expiration date pursuant to Executive Order #66, (1978) Sept. 4, 1989.

Subchapter 7. Permissible Division of Responsibility in Submission of Site Plans and Major Subdivision Plans

13:40-7.2 Depiction of existing conditions on a site plan.

(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 transposed to the site plan if duly noted as to the date of the survey, by whom, and for whom.

 (b) Vegetation, general flood plain determination, or general location of utilities, buildings, or structures: By an architect, planner, engineer, land surveyor, or other person acceptable to the reviewing governmental body.

13:40-7.4 Preparation of major subdivision plat.

(a) The general location of facilities, site improvements, and lot layouts: By an architect, engineer, land surveyor, or planner.

(b)..........

(c) Final subdivision map with metes and bounds: By a land surveyor only.

Subchapter 8. Maintenance of Project Records

13:40-8.1 Release of project records.

(a) As used in this Subchapter, the term "records" shall include, but not be limited to, any plans, reports, documents, field notes, 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 land surveyor was originally retained.

(b) Originals of records shall remain in the possession of the professional engineer or land surveyor unless otherwise provided by statute or written contractual agreement.

 (c) The client of a professional engineer or land surveyor shall be entitled to complete copies of all records generated for the engineering and or land surveyor surveying project within a reasonable period of time after forwarding a written request to the professional engineer or land surveyor and upon payment of such proportion of fees as reflect the extent of all services performed.

(d) The professional engineer or land surveyor shall be compensated for the reasonable costs of research and reproduction for copies of records released pursuant to this rule.

R. 1985 d.225 Effective Date: May 6, 1985

See: 16 N.J.R. 1027(a) 1984; 17 N.J.R. 1133(a) 1985

Expiration date pursuant to Executive Order No. 66 (1978): May 6, 1990

Subchapter 9. Responsible Charge of Engineering or Land Surveying Work

13:40-9 Supervision of subordinates; Maintaining records of adequate supervision; Acts reflecting inadequate supervision.

(a) A licensee in responsible charge of an engineering or land surveying project shall render regular and effective supervision to those individuals performing services which directly and materially affect the quality and competence of engineering or land surveying work rendered by the licensee.

(b) A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of an engineering or land surveying project of which he was in responsible charge.

(c) A licensee engaged in any of the following acts or practices shall be deemed not to have rendered the regular and effective supervision required herein:

1. The regular and continuous absence from principal office premises from which professional services are rendered; except for performance of field work or presence in a field office maintained exclusively for a specific project.

2. The failure to personally inspect or review the work of subordinates where necessary and appropriate.

3. The rendering of a limited, cursory or perfunctory review of plans or projects in lieu of an appropriate detailed review.

4. The failure to personally be available on a reasonable basis or with adequate advanced notice for consultation and inspection where circumstances require personal availability.

R.1985 d.222 Effective Date: May 6, 1985

See: 16 N.J.R. 2067(b) 1984; 17 N.J.R. 1134(a) 1985

Expiration Date pursuant to Executive Order No. 66 (1978): May 6, 1990