New Jersey § 45:8-28

§ 45:8-28.

(a) The term “ professional engineer ” within the meaning and intent of this chapter shall mean a person who by reason

of his special knowledge of the mathematical and physical sciences and the principles

and methods of engineering analysis and design, acquired by professional education

and practical experience, is qualified to practice engineering as hereinafter defined

as attested by his license as a professional engineer. (b) The terms “ practice of engineering ” or “ professional engineering ” within the meaning and intent of this chapter shall mean any service or creative

work the adequate performance of which requires engineering education, training, and

experience and the application of special knowledge of the mathematical, physical

and engineering sciences to such services or creative work as consultation, investigation,

evaluation, planning and design of engineering works and systems, planning the use

of land and water, engineering studies, and the administration of construction for

the purpose of determining compliance with drawings and specifications; any of which

embraces such services or work, either public or private, in connection with any engineering

project including: utilities, structures, buildings, machines, equipment, processes,

work systems, projects, telecommunications, or equipment of a mechanical, electrical,

hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life,

health or property, and including such other professional services as may be necessary

to the planning, progress and completion of any engineering services. The design of buildings by professional engineers shall be consistent with section

7 of the “Building Design Services Act,” P.L.1989, c. 277 ( C.45:4B-7 ). The practice of professional engineering shall not include the work ordinarily performed

by persons who operate or maintain machinery or equipment. The provisions of this chapter shall not be construed to prevent or affect the employment

of architects in connection with engineering projects within the scope of the act

to regulate the practice of architecture and all the amendments and supplements thereto. A person shall be construed to practice or offer to practice engineering, within the

meaning and intent of this chapter, who practices any branch of the profession of

engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in

any other way represents himself to be a professional engineer, or through the use

of some other title utilizing or including the word engineer, implies that he is a

professional engineer; or who represents himself as able to perform, or who does

perform any engineering service or work or any other professional service recognized

by the board as professional engineering. Nothing herein shall prohibit licensed architects from providing or offering services

consistent with the “Building Design Services Act,” P.L.1989, c. 277 ( C.45:4B-1 et seq. ). (c) The term “ engineer-in-training ” as used in this chapter shall mean a person who is a potential candidate for license

as a professional engineer who is a graduate in an approved engineering curriculum

of four years or more from a school or college accredited by the board as of satisfactory

standing, and who, in addition, has successfully passed an examination in the fundamental

engineering subjects, as defined elsewhere herein. (d) The term “ land surveyor ” as used in this chapter shall mean a person who is a professional specialist in

the technique of measuring land, educated in the principles of mathematics, the related

physical and applied sciences, and the relevant requirements of law, all requisite

to the practice of land surveying as attested by his license as a land surveyor. (e) The term “ practice of land surveying ” within the meaning and intent of this chapter shall mean any service or work the

adequate performance of which involves the application of special knowledge of the

principles of mathematics, the related physical and applied sciences and the relevant

requirements of law to the act of measuring and locating distances, directions, elevations,

natural and man-made topographical features in the air, on the surface of the earth,

within underground workings, and on beds of bodies of water for the purpose of determining

areas and volumes, and for the establishing of horizontal and vertical control as

it relates to construction stake-out, for the monumentation of property boundaries

and for the platting and layout of lands and subdivisions thereof and for the preparation

and perpetuation of maps, record plats, field notes, records and property descriptions

in manual and computer coded form that represent these surveys. The practice of land surveying shall include the establishment and maintenance of

the base mapping and related control for land information systems that are developed

from the above referenced definition of the practice of land surveying. For purposes of this subsection, “ land information systems ” means any computer coded spatial database designed for multi-purpose public use

developed from or based on property boundaries. A person who engages in the practice of land surveying; or who, by verbal claim,

sign, advertisement, letterhead, card or in any other way represents himself to be

a land surveyor or professional surveyor; or who represents himself as able to perform

any land surveying service or work or any service which is recognized as within the

practice of land surveying shall be deemed to practice or offer to practice land surveying. Nothing in this chapter shall preclude a person licensed by the board as a professional

engineer from performing those measurements necessary for the design, construction

stake-out, construction and post-construction records of an engineering project, provided

that these measurements are not related to property lines, lot lines, easement lines,

or right-of-way lines, the establishment of which are required to be made by a land

surveyor. (f) The term “ board ” as used in this chapter shall mean the State Board of Professional Engineers and

Land Surveyors. (g) The term “ responsible charge ” as used in this chapter for professional engineers shall mean the provision of regular and effective supervision by a competent professional engineer who shall provide personal direction to, and quality control over, the efforts of

subordinates of the licensee which directly and materially affects the quality and competence of the professional services rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not

to have rendered regular and effective supervision: (1) (Deleted by amendment, P.L.2015, c. 200 ) ; (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 providing sufficient direction to, and quality control over, the efforts of subordinates

of the licensee ; (4) The failure to personally be available on a reasonable basis or with adequate

advance notice for consultation and inspection where circumstances require personal

availability. (h) The term “ certificate of authorization ” shall mean a certificate issued by the board pursuant to this amendatory and supplementary

act. (i) The term “ joint committee ” shall mean the Joint Committee of Architects and Engineers established pursuant

to the “Building Design Services Act,” P.L.1989, c. 277 ( C.45:4B-1 et seq. ). (j) The term “ closely allied professional ” as used in this chapter shall mean and is limited to licensed architects, professional

engineers, land surveyors, licensed landscape architects, and professional planners. (k) The term “ telecommunications ” as used in this chapter, shall mean, as it is applied to the practice of engineering,

subjects which deal with the generation, transmission, receiving, and processing of

information bearing signals for the purpose of fulfilling a particular communication

need. The most common forms of signals are those encountered in voice, image and data

transmission. Subjects relevant to telecommunications include but are not limited to: analog

and digital circuits, propagation of electromagnetic energy through guided media such

as a transmission line, fibers, wave guides, and unguided media such as free space

as in broadcast and mobile communication systems, communication theory, including

modulation, noise interference, and the interface with computers. ( l ) The term “ surveyor-in-training ” as used in this chapter shall mean a person who is a potential candidate for licensure

as a land surveyor, who is a graduate in an approved surveying curriculum of four

years or more from a school or college accredited by the board as of satisfactory

standing, and who, in addition, has successfully passed an examination in the fundamental

surveying subjects, approved by the board pursuant to section 9 of P.L. 1938, c. 342

( C.45:8-35 ). (m) The term “ responsible charge ” as used in this chapter for land surveyors shall mean the rendering of regular and

effective supervision by a competent land surveyor to those individuals performing

services which directly and materially affect the quality and competence of the professional

services rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not

to have rendered regular and effective supervision: (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

advance notice for consultation and inspection where circumstances require personal

availability.