2010 New York Code
EDN - Education
Title 8 - THE PROFESSIONS
Article 145 - (7200 - 7212) ENGINEERING AND LAND SURVEYING
7208 - Exempt persons.

§ 7208. Exempt persons.  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"  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;
    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.

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