§ 7208 — Exempt persons for the professions of engineering and land surveying

§ 7208. Exempt persons for the professions of engineering and land\nsurveying. This article shall not be construed to affect or prevent the\nfollowing, provided that no title, sign, card or device shall be used in\nsuch manner as to tend to convey the impression that the person\nrendering such service is a professional engineer or a land surveyor\nlicensed in this state or is practicing engineering or land surveying:\n a. Offering to practice in this state as a professional engineer or\nland surveyor by any person not a resident of, and having no established\nplace of practice in this state, provided that such person is legally\nqualified for such practice in his own state or country;\n b. Practice as a professional engineer or land surveyor in this state\nby any person not a resident, or having no established place of practice\nin this state, or any person resident in this state but who has arrived\nin this state within six months, provided, however, such a person shall\nhave filed an application for license as a professional engineer or land\nsurveyor, and is legally qualified for such practice in the state or\ncountry in which he resides or has his place of practice or in which he\nhad his previous residence or place of practice, such exemption\ncontinuing for only such reasonable time as the board requires to grant\nor deny the application for license, and a person intending to practice\nunder this subdivision shall so state on the application;\n c. Practice of engineering or land surveying, by an employee of a\ncounty or town, in the construction, improvement or maintenance of a\ncounty road or town highway, or by an employee of a county, city, town\nor village, in the construction, improvement or maintenance of any\npublic work wherein the contemplated expenditure for the completed\nproject does not exceed five thousand dollars;\n d. Operation or maintenance of steam, power, or refrigeration plants\nby legally authorized persons not licensed under this article or persons\nengaged or employed as an engine man, operator or driver of any engine\nor of any mechanical, electrical, chemical or other device or machine;\n e. Making of surveys by professional engineers, except that the\ndetermination of real property boundaries may be done only by a licensed\nland surveyor;\n f. Employment or supervision of interns or other persons qualified by\neducation or experience by professional engineers or land surveyors as\nassistants in the performance of engineering or land surveying, or as\nconsultants or employees in special fields related to but not uniquely\nengineering or land surveying, provided that the engineers or land\nsurveyors employing or supervising such persons shall not be relieved of\nany responsibility whatsoever by delegation to such persons, and\nprovided further that such persons who have attained the bachelor's\nlevel of studies in accordance with the requirements of section\nseventy-two hundred six of this title may be employed as junior or\nassistant engineers or junior or assistant land surveyors, or similar\ntitles, to act under the general direction of a professional engineer or\nland surveyor, or in work not covered by this article;\n g. Employment of any person as a junior or assistant engineer or\njunior or assistant land surveyor in the civil service of the state or\nits political subdivisions in a position the title of which was approved\nand in use as of July first, nineteen hundred seventy-one, provided such\nperson acts under the general direction of a licensed professional\nengineer or land surveyor;\n h. Execution by a contractor or by others of work designed by a\nprofessional engineer, or land surveyor, or the superintendence of such\nwork as a superintendent, foreman, or inspector;\n i. The practice of architecture by an architect licensed in this\nstate, or the practice of landscape architecture by a landscape\narchitect licensed in this state, provided that no such architect or\nlandscape architect shall use the designation "engineer" or\n"engineering" unless licensed as a professional engineer in this state;\n j. The practice of engineering or land surveying or having the title\n"engineer" or "surveyor" solely as an officer or an employee of a\ncorporation engaged in interstate commerce;\n k. The practice of engineering by a manufacturing corporation or by\nemployees of such corporation, or use of the title "engineer" by such\nemployees, in connection with or incidental to goods produced by, or\nsold by, or nonengineering services rendered by, such corporation or its\nmanufacturing affiliates;\n l. The practice of engineering or land surveying, or using the title\n"engineer" or "surveyor" (i) exclusively as an officer or employee of a\npublic service corporation by rendering to such corporation such\nservices in connection with its lines and property which are subject to\nsupervision with respect to the safety and security thereof by the\npublic service commission of this state, the interstate commerce\ncommission or other federal regulatory body and so long as such person\nis thus actually and exclusively employed and no longer, or (ii)\nexclusively as an officer or employee of the Long Island power authority\nor its service provider, as defined under section three-b of the public\nservice law, by rendering to such authority or provider such services in\nconnection with its lines and property which are located in such\nauthority's service area and so long as such person is thus actually and\nexclusively employed and no longer;\n m. The making of land surveys by a professional engineer where such\nland surveys are essential to engineering projects, provided he was\nlicensed as a professional engineer in this state on or before the first\nday of January in the year in which this act shall become a law and\nfiles evidence satisfactory to the board on or before the first day of\nJuly in the year next succeeding the year in which this act shall have\nbecome law, that he is competent and experienced in such land surveys;\n n. The design by a land surveyor of roads, drainage, water supply or\nsanitary sewerage facilities of a minor nature in connection with\nsubdivisions and the extension and inspection thereof, but not including\nsewage disposal or treatment plants, lift stations, pumping stations,\ncommercial buildings or bridges, provided the surveyor was licensed as a\nland surveyor in this state on or before the first day of January in the\nyear in which this act shall have become a law and files evidence\nsatisfactory to the board on or before the first day of July in the year\nnext succeeding the year in which this act shall have become a law,\nattesting that he is competent and experienced in the engineering\nrequired for design of such facilities appurtenant to subdivisions; or\n o. Using the title "marine operating engineer", "stationary engineer",\n"port of customs surveyor", or "ship surveyor".\n p. Contractors or builders from engaging in construction management\nand administration of construction contracts.\n