S T A T E O F N E W Y O R K
________________________________________________________________________
6031
2009-2010 Regular Sessions
I N A S S E M B L Y
February 24, 2009
___________
Introduced by M. of A. KOON, MAGEE -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to exempting certain
persons involved in the design and construction of small onsite waste-
water treatment systems from certain requirements relating to the
practice of a professional engineer or licensed land surveyor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions n, o and p of section 7208 of the education
law, subdivisions n and o as added by chapter 987 of the laws of 1971
and subdivision p as added by chapter 954 of the laws of 1972, are
amended and a new subdivision q is added to read as follows:
n. The design by a land surveyor of roads, drainage, water supply or
sanitary sewerage facilities of a minor nature in connection with subdi-
visions and the extension and inspection thereof, but not including
sewage disposal or treatment plants, lift stations, pumping stations,
commercial buildings or bridges, provided the surveyor was licensed as a
land surveyor in this state on or before the first day of January in the
year in which this act shall have become a law and files evidence satis-
factory to the board on or before the first day of July in the year next
succeeding the year in which this act shall have become a law, attesting
that he is competent and experienced in the engineering required for
design of such facilities appurtenant to subdivisions; [or]
o. Using the title "marine operating engineer", "stationary engineer",
"port of customs surveyor", or "ship surveyor"[.];
p. Contractors or builders from engaging in construction management
and administration of construction contracts[.]; OR
Q. THE CONSULTATION, INVESTIGATION, EVALUATION, PLANNING, DESIGN,
INSPECTION AND SUPERVISION OF CONSTRUCTION OR OPERATION OF SINGLE-FAMILY
RESIDENTIAL AND SMALL COMMERCIAL ONSITE WASTEWATER TREATMENT SYSTEMS
WITH LESS THAN ONE THOUSAND FIVE HUNDRED GALLONS PER DAY FOR RATES FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02497-01-9
A. 6031 2
CONVENTIONAL TYPE SYSTEMS: ABSORPTION FIELD SYSTEMS, GRAVELLESS ABSORP-
TION SYSTEMS, DEEP ABSORPTION SYSTEMS, SHALLOW ABSORPTION SYSTEMS, CUT
AND FILL SYSTEMS, ABSORPTION BED SYSTEMS, SEEPAGE PITS AND LOCAL WAIV-
ERED SYSTEMS APPROVED BY THE NEW YORK STATE DEPARTMENT OF HEALTH BY A
NEW YORK STATE LICENSED LAND SURVEYOR OR LOCAL WATERSHED INSPECTOR
CERTIFIED BY THE NEW YORK STATE ONSITE WASTEWATER TREATMENT TRAINING
NETWORK (NYSOWTTN) OR OTHER ENTITY APPROVED BY THE DEPARTMENT. NOTWITH-
STANDING THE PROVISIONS OF THIS PARAGRAPH, LICENSED PROFESSIONAL ENGI-
NEERS AND PROFESSIONAL ARCHITECTS MAY PERFORM DUTIES AS STATED IN THIS
SUBDIVISION AND SHALL BE EXEMPT FROM CERTIFICATION BY THE NYSOWTTN.
S 2. This act shall take effect immediately.