NEW JERSEY REGISTER
VOLUME 33, NUMBER 18
MONDAY, SEPTEMBER 17, 2001
RULE PROPOSAL
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Title Blocks And Seals; Preparation Of Land Surveys; Continuing Competency

Additions are indicated by <<+ Text +>>; deletions by <<- Text ->>.
Changes in tables are made but not highlighted.

Proposed Amendments: N.J.A.C. 13:40-1.1, 1.2, 1.3, 5.1, 11.3 and 11.8

Authorized By: New Jersey State Board of Professional Engineers and Land Surveyors, Arthur Russo, Executive Director.

Authority: N.J.S.A. 45:8-27 et seq., specifically 45:8-29 and 45:1-15.1.

Proposal Number: PRN 2001-363.

Submit comments by October 17, 2001 to:

Arthur Russo, Executive Director
State Board of Professional Engineers and Land Surveyors
PO Box 45015
Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to its general rulemaking authority, N.J.S.A. 45:8-29 and 45:1- 15.1, the State Board of Professional Engineers and Land Surveyors (the Board) is proposing amendments to the title block and seal requirements at N.J.A.C. 13:40-1.1, 1.2 and 1.3, amendments to N.J.A.C. 13:40-5.1 concerning preparation of land surveys, and amendments to N.J.A.C. 13:40-11.3 and 11.8 concerning the land surveyors' continuing professional competency requirements.

N.J.A.C. 13:40-1.1, 1.2 and 1.3 contain the requirements for sealing documents, title blocks on drawings and title block contents, respectively. The Board proposes to amend N.J.A.C. 13:40-1.1(a) by specifying that digitally produced seals are not an acceptable alternative to the impression type seal requirement. The Board proposes to amend N.J.A.C. 13:40-1.2(a) by requiring licensees to provide information similar to that which is provided in a title block, on the title page of reports constituting the practice of the profession. N.J.A.C. 13:40-1.2(e) prohibits licensees from removing a title block for any reason, from any print or reproduction. The Board proposes to amend the subsection by adding manually drafted and digital drawings to the list of documents. Additionally, the Board proposes to clarify the language in N.J.A.C. 13:40-1.3(a)5 by adding the word "manually" before handwritten. The Board is proposing these amendments to subchapter 1 in order to clarify for licensees the requirements for signing and sealing documents and to state with greater specificity the requirements for the form and use of title blocks. The Board believes the amendments are necessary since other jurisdictions now permit the use of digital seals and signatures and digitally drafted drawings. The rules as amended are intended to provide enhanced consumer safeguards by ensuring that documents are authentic, cannot be readily reproduced and have been prepared by a licensed professional to practice in the State. N.J.A.C. 13:40-1.3(a)6 lists an addition to title block contents. This section requires a certificate of authorization number, if applicable as required by N.J.S.A. 45:8-56.

N.J.A.C. 13:40-5.1 sets forth the rules for the practice of land surveying and the preparation of land surveys. N.J.A.C. 13:40-5.1(d) requires a land surveyor to set appropriate corner markers when preparing a survey, unless the actual corner is not accessible, or a written waiver to omit the corner markers has been obtained from the ultimate user of the property. The Board proposes to amend N.J.A.C. 13:40-5.1(d) by deleting the waiver provision of the corner marker. By eliminating the waiver option, land surveyors will be required to set corner markers as part of a land survey in all instances unless the actual corner is not accessible. The Board is proposing this amendment because the Board believes that while the waiver option was originally intended to serve consumers by providing them with a choice when contracting for a survey, the practice has actually resulted in frustration and complaints by consumers. Consumers have opted not to have corner markers set in conjunction with an initial property survey only to find at a later date, when planning to make some change to the property, that corner markers are required in order to proceed with the change. Since markers cannot be set utilizing the original survey information, the consumer discovers that he or she must now contract for a new survey which includes the setting of corner markers. The consumer loses time and must incur the cost of another survey. Additionally, the waiver option has presented problems to licensees who prepare surveys in conjunction with subdivisions. At the time the property is surveyed it is most likely that the ultimate user of the property is unknown, thereby impeding the licensee's ability to obtain the necessary waivers. Requiring that corner markers be set whenever a survey is performed, except if the corners are inaccessible, will better serve both licensees and consumers.

P.L. 1997, c.211, codified at N.J.S.A. 46:23-9.10 et al., which became effective on August 18, 1997, in part, expanded the monumentation requirements for maps filed. The Board also proposes amendments to N.J.A.C. 13:40-5.1(d) in order to implement the statutory amendments to "Map Filing Law" at N.J.S.A. 46:23-9.10 and to distinguish for licensees the requirements for monuments set pursuant to the "Map Filing Law" from those required when setting property corner markers. Specifically, the Board proposes to amend N.J.A.C. 13:40-5.1(d)2 and 3 by deleting the references to monuments set in accordance with the "Map Filing Law." The uncodified last paragraph in paragraph (d)2 is codified as paragraph (d)3. New paragraph (d)7 sets forth the type and design specifications for monuments set pursuant to the "Map Filing Law." Proposed new paragraphs at N.J.A.C. 13:40-5.1(d)8, 9 and 10 contain provisions for when it is impracticable or impossible to comply with the type and design requirements enumerated in N.J.A.C. 13:40-5.1(d)7. The Board is also proposing several minor technical changes in the text at N.J.A.C. 13:40-5.1(f), (g) and (m), for clarification purposes; however, the substance of those subsections have not been changed.

The Board proposes to amend N.J.A.C. 13:40-11.3(a) by deleting the exception to the requirement that credit hours for professional development must be earned in a preceding renewal period since the renewal period for which the exception was created has passed, making the exception unnecessary and irrelevant. N.J.A.C. 13:40-11.3(b), concerning the permissible number of carryover professional development hours, is proposed to be amended by increasing the number of carryover hours from a maximum of eight to a maximum of 12 hours. The Board is proposing the change in order to afford licensees an opportunity to take advantage of and receive credit for relevant programs or courses which may be offered late in a biennial renewal period and after a licensee may have already accumulated the required number of hours for renewal.

Finally, the Board is proposing to amend N.J.A.C. 13:40-11.8 by requiring licensees seeking a waiver of the continuing competency requirement to apply for the waiver 90 days prior to licensure renewal. The change is intended to encourage licensees, who might need the waiver, to submit the information in a more timely fashion thus providing the Board with sufficient time within which to review the request and supporting information and to make a decision as to whether or not the waiver is warranted.

Social Impact

The Board believes that the proposed amendments will have a positive impact upon licensees and upon the consumers they serve. Specifically, the proposed amendments to N.J.A.C. 13:40-1.1, 1.2 and 1.3 concerning signing and sealing of documents and title blocks, will have a positive impact upon licensees because the requirements are more precisely stated, thereby eliminating any confusion. Licensees are better apprised as to which documents must be signed and sealed, how the documents are to be signed and sealed and the effects of signing and sealing documents. The proposed amendments will positively impact the public to the extent that they can rely on the authenticity of the documents prepared and are assured that the work has been performed by a licensed professional.

The proposed amendments to N.J.A.C. 13:40-5.1(d) will benefit licensees because they can readily identify and distinguish the requirements applicable to monuments set pursuant to the map filing law and those set as property corner markers. In addition, the amendments provide for and reflect the changing technologies and materials in the practice. The Board believes that the proposed deletion of the waiver option in N.J.A.C. 13:40-5.1(d) will benefit the public because it eliminates the confusion which comes with the choice over whether to have or not have the corners marked when contracting for a survey. Additionally, it will eliminate the need for and the cost of an additional survey should the consumer decide to make subsequent changes to the property as well as educating the consumer as to the specific location of their property boundaries.

The proposed amendment to N.J.A.C. 13:40-11.3, which increases the number of carryover credits in satisfaction of the professional development requirement, will benefit licensees to the extent that they will be encouraged to enroll in and earn credits for relevant courses or programs which they may not have been willing to enroll in because they had already satisfied the credit requirements for licensure renewal and were reluctant or unable to incur the additional costs.

The proposed amendments to N.J.A.C. 13:40-11.8 will provide a definitive time frame for licensees to submit a waiver request and provide the Board ample time within which to review applications for waiver of the professional development requirements.

Economic Impact

The proposed amendments to N.J.A.C. 13:40-1.1, 1.2 and 1.3, which clarify the requirements for signing and sealing documents and title blocks, will not have an economic impact upon licensees in that there are no new or additional costs imposed by the amendments. The proposed amendments to N.J.A.C. 13:40-5.1(d) may impact licensees to the extent that they will incur costs related to the additional time required and materials used since the proposed rule requires that corner markers will always be set when preparing a survey, unless the corners are inaccessible. Resultantly, consumers may experience a minor increased cost because they will no longer have the ability to waive the service and will be required to pay the fees associated with setting corner markers. The Board believes that the additional cost that may be experienced by consumers for the initial setting of corner markers is outweighed by the benefits as discussed in the Summary above, and may reduce the cost burden on consumers by avoiding the cost of another survey.

The proposed amendments to N.J.A.C. 13:40-5.1(d) may have an economic impact upon licensees who will incur costs associated with complying with monumentation requirements and materials specifications contained in the rule; however, the Board believes that such costs are minimal.

The Board believes that the amendment to N.J.A.C. 13:40-11.3, the continuing competency credit hour requirements, may have a positive economic impact upon course and program providers to the extent that licensees who might not ordinarily enroll in certain courses or programs once they have attained the requisite number of hours may now do so because the credits earned can be carried over to the subsequent renewal period.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments are subject to State statutory requirements and there are no Federal standards or requirements applicable to the proposed amendments.

Jobs Impact

The Board does not anticipate that the proposed amendments will result in the increase or decrease of any jobs in the State.

Agriculture Industry Impact

The Board does not anticipate that the proposed amendments will have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

If, for the purposes of the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (the Act), the approximately 18,600 licensed professional engineers and 1,400 licensed land surveyors are considered small businesses, then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping, and other compliance requirements of the rules proposed to be amended, including the kinds of professional services likely to be needed to comply with the requirements. In addition, the Act requires that the Board establish initial and annual compliance costs and to outline the manner in which it has designed the rules to minimize any adverse impact on small businesses and whether the rules establish differing compliance costs for small businesses.

The proposed amendments to N.J.A.C. 13:40-1.1, 1.2 and 1.3 do not alter the existing compliance requirements but merely clarify the standards for signing and sealing documents and the application of title blocks to documents. As such, there are no additional costs associated with or professional services needed for continuing compliance.

The amendments to N.J.A.C. 13:40-5.1(d) impose new and additional compliance requirements upon licensees. Specifically, N.J.A.C. 13:40-5.1(d) as amended requires licensees to set property corners when preparing a survey. This will result in an increase in costs for the licensee who must set the appropriate marker as well as to the consumer who no longer may waive this service and will be required to pay for it as part of a survey. The Board believes, for the reasons specified in the Social Impact above, the minimal increased cost to licensees and consumers is outweighed by the benefits.

Proposed N.J.A.C. 13:40-5.1(d)6, 7 and 8 will impose new compliance requirements to the extent that licensees will be required to follow the monumentation specifications outlined in the rule when setting monuments pursuant to the map filing law. However, the costs associated with compliance are minimal material costs which the Board does not anticipate will result in a burden upon its licensees. N.J.A.C. 13:40-5.1(d)9 imposes a new reporting requirement to the extent that licensees must acknowledge in the monument certification, use of any substituted materials or the use of offset monumentation.

The proposed amendments to N.J.A.C. 13:40-11.8, which is the waiver of continuing competency requirements, alters an existing compliance and reporting requirement to the extent that licensees who seek a waiver must do so 90 days in advance of the biennial renewal application deadline. The Board does not anticipate that the change will result in any adverse impact upon its licensees. It will however benefit the Board which will have the information needed to take action on the waiver request.

The proposed amendments will not impose any other reporting or recordkeeping or additional compliance requirements upon small businesses. The Board does not believe that licensees will have to engage professional services in order to comply with the proposed amendments. In addition, the Board does not believe that there will be any additional economic impact upon licensees other than as discussed in the Economic Impact above. The proposed amendments are intended to be uniformly applied and, therefore, there are no differing compliance requirements for any licensees.

Full text of the proposal follows:

<< NJ ADC 13:40-1.1 >>

13:40-1.1 Sealing documents

(a) All sealing of documents shall be done with an impression type-seal. <<- A->> <<+Alternatives such as digital seals or+>> rubber stamp facsimile<<+s+>> of the seal shall not be <<-used->> <<+ permitted+>>.

(b)-(f) (No change.)

<< NJ ADC 13:40-1.2 >>

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->> <<+and reports constituting the practice of the profession+>>.

(b)-(d) (No change.)

(e) No person shall remove a title block from any <<+manually drafted or digital drawing, or from any+>> print or reproduction for any reason.

<< NJ ADC 13:40-1.3 >>

13:40-1.3 Title block contents

(a) The title block shall contain:

1.-4. (No change.)

5. The <<+manually+>> handwritten signature of the person(s) in responsible charge and the date when signed<<-.->><<+; and+>>

<<+6. If applicable, the certificate of authorization number as required by N.J.S.A. 45:8-56.+>>

(b)-(c) (No change.)

<< NJ ADC 13:40-5.1 >>

13:40-5.1 Land surveyors; preparation of land surveys

(a)-(c) (No change.)

(d) Appropriate corner markers, such as stakes, iron pipes, cut crosses, monuments, and such other markers as may be authorized by (d)2 below, 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 a written waiver signed by the ultimate user is obtained and retained for a period of six years by the surveyor performing the survey. A waiver obtained from a purchaser, pursuant to this subsection shall be in the following format, or its substantial equivalent:

WAIVER AND DIRECTION NOT TO
SET CORNER MARKERS

TO: ___________________________________________________________________________
(Name, address and telephone number of Land Surveyor)

FROM: _________________________________________________________________________
(Name, address and telephone number of Purchaser)

RE: ___________________________________________________________________________
Property (Lot & Block number, municipality or other identifier) This is to advise that I/we have been made aware of my/our right to have corner markers set as part of a survey to be performed on property which is to be purchased by me/us. That right is hereby waived and you are directed to perform the land survey without the setting of corner markers as provided by the regulation of the New Jersey Board of Professional Engineers and Land Surveyors.

______________________________
Purchaser(s)

Dated: ________________

For the purpose of this section "ultimate user" shall mean in the case of a transfer of title, the purchaser. In all instances other than the transfer of title, "ultimate user" shall mean the owner of the property. When a waiver is obtained to omit corner markers, a specific notation stating that such omissions have been made by direction of the ultimate user shall be clearly displayed in the plat or plan of survey by the following notation or its equivalent: Waiver of setting corner markers obtained from the ultimate user pursuant to the Board of Professional Engineers and Land Surveyors regulation, N.J.A.C. 13:40-5.1(d). This notation must relate specifically to that plat or plan of survey and may not be included as a preprinted title block, standard form, or other reproducible medium. ->>

1. (No change.)

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.-ix. (No change.)

<<+3. The marker requirements in (d)2 above do not apply to intermediate points set on line or for random traverse points.+>>

<<-3.->><<+4.+>> 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.->> <<+ or other appropriate identifier,+>> bearing the name of the surveyor or firm responsible for setting the corner.

Recodify existing 4.-5. as <<+5.-6.+>> (No change in text.)

<<+7. Monuments required to be set pursuant to the "Map Filing Law" at N.J.S.A. 46:23-9.10 shall be:+>>

<<+i. Composed of concrete, containing ferrous material detectable with conventional metal detecting instruments;+>>

<<+ii. At least 30 inches long below finished grade with the top and bottom at least four inches square; and+>>

<<+iii. Identified with a durable, cap, disc, or shiner bearing the name of the surveyor or firm responsible for setting the monument.+>>

<<+8. In the event a monument as specified in (d)7 above is impracticable to install due to physical conditions, the surveyor shall install the most appropriate material necessary to establish permanent, metal detectable monumentation.+>>

<<+9. In the event it is impossible to set a monument as specified in (d)7 above at the prescribed control points, an offset monument shall be set bearing a plate stamped with the word "offset."+>>

<<+10. In all cases listed in (d)8 and 9 above, the surveyor shall acknowledge in the monument installation certification, use of substituted material and/or the use of offset monumentation. Proper instrument sights shall be established and complete offset data shall be recorded with the monument certification to the municipality.+>>

(e) (No change.)

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

1.-5. (No change.)

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

7.-10. (No change.)

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

1. (No change.)

2. Fences and streams and ditches, unless such fences, streams and ditches are on or in close proximity to the property lines <<-and->> <<+or otherwise+>> affect the property <<+lines+>> in question.

3. Sidewalks, driveways, walkways or other traveled ways, unless such ways affect the property <<+lines+>> in question.

4.-5. (No change.)

(h)-(l) (No change.)

(m) Subdivision plats, whether classified as major or minor, <<+preliminary or final,+>> shall be prepared by a licensed land surveyor and shall be based on a new or existing <<+current and accurate+>> survey of the property being subdivided.

1.-3. (No change.)

(n) (No change.)

<< NJ ADC 13:40-11.3 >>

13:40-11.3 Credit-hour requirements

(a) Each applicant for license renewal shall be required to have completed, during the preceding biennial period, a minimum of 24 professional development hours (PDHs)<<-; except that for the period May 1, 1994 to April 30, 1996, PDHs may have been accumulated from January 1, 1993->>.

(b) A maximum of <<-eight->> <<+12+>> PDHs may be carried over into a succeeding biennial renewal period.

<< NJ ADC 13:40-11.8 >>

13:40-11.8 Waiver of continuing competency requirement

(a) (No change.)

(b) Any licensee seeking a waiver of the continuing competency requirement <<-must->> <<+shall+>> apply to the Board in writing <<+ 90 days prior to renewal of licensure+>> and set forth with specificity the reasons for requesting the waiver. The licensee shall also provide the Board with such additional information as it may reasonably request in support of the waiver request.

(c)-(e) (No change.)

33 N.J.R. 3241(a)

 



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