State Board of Professional Engineers and Land Surveyors

1 PLEASE READ Rules and regulations of the Division of Consumer Affairs, the boards and committees in, and other units of, the Division are codified in Title 13 of the New Jersey Administrative Code, published by LexisNexis. Notices of proposal and notices of adoption are printed in the New Jersey Register, also published by LexisNexis. The official text of the rules and regulations and their regulatory history and notices of rule proposals and adoptions can be found through the free LexisNexis Public Access Portal. LexisNexis Public Access Portal: The text of rules and regulations and notices of proposal and adoptions in PDF format provided on this website by the Division of Consumer Affairs are unofficial courtesy copies, which may differ from the official text. Though every effort is made to ensure that the text of courtesy copies is identical to the official version, if any discrepancies exist between the text on this website and the official version, the official version will govern.

2 Professional Engineers , LAND Surveyors LAW AND PUBLIC SAFETY Chapter 40 Page 1 of 108 Last Revision Date: 11/16/2015 NEW JERSEY ADMINISTRATIVE CODE TITLE 13 LAW AND PUBLIC SAFETY CHAPTER 40 State Board OF Professional Engineers AND LAND Surveyors Professional Engineers , LAND Surveyors LAW AND PUBLIC SAFETY Chapter 40 Page 2 of 108 Last Revision Date: 11/16/2015 CHAPTER TABLE OF CONTENTS SUBCHAPTER 1. PURPOSE AND SCOPE; 6 13:40 Purpose .. 6 13:40 Scope .. 6 13:40 Definitions .. 6 13:40 (Reserved) .. 10 13:40 (Reserved) .. 10 13:40 (Reserved) .. 10 SUBCHAPTER 2. APPLICATION REQUIREMENTS; LICENSING; BIENNIAL RENEWAL; INACTIVE STATUS .. 10 13:40 Application submission .. 10 13:40 Scheduling of examination .. 10 13:40 Cancellation of application; reapplication .. 11 13:40 engineer in training: application procedure; eligibility requirements; requirements for juniors and seniors to sit for Part F portion; applicants seeking credit for military education or training.

3 11 13:40 Professional engineer : application procedure; eligibility requirements; applicants seeking credit for military education, training, or experience .. 13 13:40 Surveyor in training; application procedure; eligibility requirements; applicants seeking credit for military education or training .. 14 13:40 Professional land surveyor; application procedures; eligibility requirements; applicants seeking credit for military education, training, and experience .. 15 13:40 Education requirements: engineer in training and Professional engineer ; applicants seeking credit for military education or training .. 17 13:40 Education requirements: land surveyor in training; Professional land surveyor; applicants seeking credit for military education or training .. 18 13:40 Experience requirements; Professional engineer ; applicants seeking credit for military training or experience .. 18 13:40 Experience requirements; Professional land surveyor; applicants seeking credit for military training or experience.

4 19 13:40 Waiver of the fundamentals of engineering examination .. 20 13:40 References .. 20 13:40 Language comprehension requirement .. 21 13:40 Biennial license renewal; license suspension; reinstatement of suspended license; inactive status .. 21 13:40 Comity .. 23 13:40 Credit towards licensure or certification for education, training, and experience received while serving as a member of the Armed Forces .. 24 Professional Engineers , LAND Surveyors LAW AND PUBLIC SAFETY Chapter 40 Page 3 of 108 Last Revision Date: 11/16/2015 SUBCHAPTER 3. LICENSURE REQUIREMENT; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT .. 25 13:40 Licensure requirement; issuance and display of certificate; advertising .. 25 13:40 Licensure exemptions .. 26 13:40 Advertising .. 28 13:40 Release of project records .. 28 13:40 Enumeration of prohibited acts .. 29 13:40 Reporting incidents of Professional misconduct.

5 31 SUBCHAPTER 4. GENERAL PROVISIONS .. 32 13:40 Notification of change of address; service of process .. 32 13:40 Scope of practice; home inspections .. 32 SUBCHAPTER 5. Professional LAND Surveyors ; PREPARATION OF LAND SURVEYS .. 33 13:40 Professional land Surveyors ; preparation of land surveys .. 33 13:40 Waiver of corner marker .. 39 SUBCHAPTER 6. FEES .. 42 13:40 Fee schedule .. 42 SUBCHAPTER 7. PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS .. 43 13:40 General provisions .. 43 13:40 Depiction of existing conditions on a site plan .. 44 13:40 Preparation of site plan .. 44 13:40 Preparation of a major subdivision 45 13:40 Effect of local ordinances .. 45 SUBCHAPTER 8. SEALING AND TITLE BLOCK REQUIREMENTS FOR Professional Engineers AND Professional LAND Surveyors .. 46 13:40 Signing and Sealing of documents .. 46 13:40 Digital signatures and seals.

6 47 13:40 Title block on drawings; forms; removal .. 48 13:40 Title block contents .. 48 13:40 Proposed title block form .. 49 13:40 Title block use for Professional engineer and Professional land surveyor work project .. 49 13:40 Subtitle block of independent Professional .. 49 SUBCHAPTER 9. RESPONSIBLE CHARGE OF ENGINEERING OR LAND SURVEYING WORK .. 50 13:40 Supervision of subordinates; maintaining records of adequate supervision; acts reflecting inadequate supervision .. 50 Professional Engineers , LAND Surveyors LAW AND PUBLIC SAFETY Chapter 40 Page 4 of 108 Last Revision Date: 11/16/2015 SUBCHAPTER 10. CERTIFICATES OF AUTHORIZATION .. 50 13:40 Issuance of certificates of authorization .. 50 13:40 Biennial renewal of certificates of authorization .. 52 13:40 Contract requirement .. 53 SUBCHAPTER 11. LAND Surveyors ; CONTINUING COMPETENCY .. 54 13:40 Continuing Professional competency requirements; failure to comply.

7 54 13:40 54 13:40 Credit hour requirements; dual licensees .. 55 13:40 Approval of course offerings .. 55 13:40 Continuing competency programs and other sources of continuing competency credits .. 56 13:40 Credit calculation .. 56 13:40 Reporting and documenting of continuing Professional competency credits .. 58 13:40 Waiver of continuing Professional competency requirement .. 59 13:40 License restoration .. 60 13:40 Out of jurisdiction resident .. 60 13:40 Criteria for continuing competency programs .. 60 13:40 Responsibilities of program providers .. 61 SUBCHAPTER 12. RETIRED LICENSE AND NO FEE RETIRED LICENSE STATUS .. 63 13:40 Eligibility requirements .. 63 13:40 Retired licensee: application; entitlement .. 63 13:40 No fee retired licensee .. 64 13:40 Resumption of practice .. 64 SUBCHAPTER 13. Professional Engineers ; CONTINUING Professional COMPETENCY REQUIREMENT .. 65 13:40 Continuing Professional competency requirements.

8 65 13:40 13 2 Definitions .. 66 13:40 Carry over of excess CPC credits; dual licensees; reinstatement of license .. 67 13:40 Sources of CPC credits .. 68 13:40 Approval procedures for CPC providers; exceptions .. 68 13:40 Compliance with CPC credits; audit .. 69 13:40 Credit calculation .. 69 13:40 Waiver of CPC requirements .. 71 13:40 Responsibilities of program providers .. 71 Professional Engineers , LAND Surveyors LAW AND PUBLIC SAFETY Chapter 40 Page 5 of 108 Last Revision Date: 11/16/2015 SUBCHAPTER 14. (RESERVED) .. 72 SUBCHAPTER 15. HOME INSPECTION ADVISORY COMMITTEE .. 72 13:40 Purpose; scope; applicability .. 72 13:40 73 13:40 Office of the Committee .. 79 13:40 (Reserved) .. 79 13:40 (Reserved) .. 79 13:40 Requirements for initial licensure as home inspector .. 79 13:40 Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces.

9 80 13:40 Insurance requirement .. 81 13:40 Identification cards .. 81 13:40 License renewal .. 82 13:40 Change of license status: inactive to active .. 82 13:40 Reinstatement of suspended 83 13:40 Change of address provision; service of process .. 84 13:40 Continuing education requirements .. 84 13:40 Pre inspection agreements .. 89 13:40 Standards of practice .. 90 13:40 Mandatory tools and equipment .. 100 13:40 Advertising; identification of licensee .. 101 13:40 Prohibited practices .. 103 13:40 Suspension, revocation or refusal to renew license .. 105 13:40 Requirements for licensure as a home inspector by comity .. 106 13:40 Inspection services requiring additional experience, education, training, or license or certification .. 107 13:40 Fee schedule .. 108 13:40 (Reserved) .. 108 Professional Engineers , LAND Surveyors LAW AND PUBLIC SAFETY Chapter 40 Page 6 of 108 Last Revision Date: 11/16/2015 SUBCHAPTER 1.

10 PURPOSE AND SCOPE; DEFINITIONS 13 PURPOSE 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. 13 SCOPE 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. 13 DEFINITIONS The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Advertisement" means any communication to the public including, but not limited to, newspaper, periodical, journal, flyer, brochure, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), radio, telephone for the purpose of solicitation, television, Internet, or any other print or electronic media in which engineering or land surveying services are offered or by which the availability of engineering or land surveying services is made known.