N.J.A.C. 13:40-1.3 and 3.2

Notice of Final Action on Petition for Rulemaking

Distinguish Between the Practices of Professional Engineering and Land Surveying; Topographic Survey; and Engineering Measurements

Petitioner: The New Jersey Society of Professional Engineers

Take notice that on October 17, 2006, petitioner, The New Jersey Society of Professional Engineers, filed a petition with the State Board of Professional Engineers and Land Surveyors (the "Board") requesting that the Board amend its rules at  N.J.A.C. 13:40-1.3 to include a definition for the terms "boundary survey," "engineering measurements," and "topographic survey." In addition, the petitioner requested that the definition of "engineering," "professional engineering," or "practice of engineering" and the definition of "land surveying," "surveying," or "practice of land surveying" be amended. Finally, the petitioner requested that the Board amend  N.J.A.C. 13:40-3.2 to include new subsection (d), which would allow a professional engineer to include in a plan prepared by the professional engineer, information taken from a boundary or topographic survey prepared by a land surveyor as long as a signed and sealed copy of the survey is attached to the plan. A notice acknowledging receipt of the petition and summarizing its contents was published in the December 4, 2006 New Jersey Register at 38 N.J.R. 5179(a).

   Take further notice that this petition was considered by the Board at its December 7, 2006 meeting. At that time, the Board determined to refer the matter to Committee for further deliberation to review the information submitted to the Board both in the petition and in the oral comments presented to the Board at the December 7, 2006 meeting. A notice of the Board's decision was published in the January 16, 2007 New Jersey Register at 39 N.J.R. 263(b).

   Take further notice that at its March 1, 2007 meeting, the Board heard the Committee's recommendation on the petition for rulemaking and has decided to grant the petition for rulemaking. The Committee believes rulemaking is necessary to further clarify the exception language for engineers found in the definition of the practice of land surveying.

A copy of this public notice has been mailed to the petitioner.