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SECTION 7209
Special provisions
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 145
§ 7209. Special provisions. 1. Every professional engineer, land
surveyor and professional geologist shall have a seal, approved by the
board, which shall contain the name of the professional engineer and the
words "Licensed Professional Engineer", the name of the land surveyor
and the words "Licensed Land Surveyor" or the name of the professional
geologist and the words "Licensed Professional Geologist", and such
other words or figures as the board may deem necessary. All plans,
specifications, plats and reports relating to the construction or
alteration of buildings or structures, or geologic drawings and reports
prepared by such professional engineer, all plans, specifications, plats
and reports prepared by such land surveyor and all geologic drawings and
reports prepared by such professional geologist or by a full-time or
part-time subordinate under his or her supervision, shall be stamped
with such seal and shall also be signed, on the original with the
personal signature of such professional engineer, land surveyor or
professional geologist when filed with public officials. No official of
this state, or of any city, county, town or village therein, charged
with the enforcement of laws, ordinances or regulations shall accept or
approve any plans, specifications, or geologic drawings or reports that
are not stamped:

a. With the seal of an architect or professional engineer or land
surveyor or professional geologist licensed in this state and bearing
the authorized facsimile of the signature of such architect or
professional engineer or land surveyor or professional geologist, or

b. With the official seal and authorized facsimile of the signature of
a professional engineer or land surveyor or professional geologist not a
resident of this state and having no established business in this state,
but who is legally qualified to practice as such in his or her own state
or country, provided that such person may lawfully practice as such in
this state, and provided further that the plans, specifications, or
geologic drawings or reports are accompanied by and have attached
thereto written authorization issued by the department certifying to
such right to practice at such time.

2. a. To all plans, specifications, plats and reports to which the
seal of a professional engineer or land surveyor has been applied, there
shall also be applied a stamp with appropriate wording warning that it
is a violation of this article for any person, unless he or she is
acting under the direction of a licensed professional engineer or land
surveyor, to alter an item in any way. If an item bearing the seal of an
engineer or land surveyor is altered, the altering engineer or land
surveyor shall affix to the item his or her seal and the notation
"altered by" followed by his or her signature and the date of such
alteration, and a specific description of the alteration.

b. To all geologic drawings and reports to which the seal of a
professional geologist or professional engineer has been applied, there
shall also be applied a stamp with appropriate wording warning that it
is a violation of this article for any person, unless he or she is
acting under the direction of a professional geologist or professional
engineer, to alter a drawing or report in any way. If an item bearing
the seal of a licensed professional geologist or professional engineer
is altered, the altering party shall affix to the item his or her seal
and the notation "altered by" followed by his or her signature and the
date of such alteration, and a specific description of the alteration.
Nothing contained in this article shall be deemed to authorize a
professional geologist to practice professional engineering unless he or
she is licensed as a professional engineer pursuant to this article.

3. No county, city, town or village or other political subdivision of
this state shall engage in the construction or maintenance of any public
work involving engineering or land surveying for which plans,
specifications and estimates have not been made by, and the construction
and maintenance supervised by, a professional engineer or land surveyor;
provided that this section shall not apply to the construction,
improvement or maintenance of county roads or town highways, nor to any
other public works wherein the contemplated expenditure for the
completed project does not exceed five thousand dollars. This section
shall not be construed as affecting or preventing any county, city, town
or village or other political subdivision of this state from engaging an
architect licensed in this state for the preparation of plans,
specifications and estimates for and the supervision of construction or
maintenance of public works.

4. Engineers, land surveyors, geologists, architects, and landscape
architects may join in the formation of a joint enterprise, or a
partnership or a professional service corporation or a design
professional service corporation or may form any desired combination of
such professions and may use in the name of such corporation the title
of any of the professions which will be practiced. After the name of
each member his or her profession shall be indicated.

5. A firm name may be continued by employees having at least fifteen
years of continuous service if the retired members and legal
representatives of deceased members consent to such continuance.

6. It shall be lawful for a corporation organized and existing under
the laws of the state of New York which on the fifteenth day of April,
nineteen hundred thirty-five and continuously thereafter, was lawfully
practicing engineering or land surveying in New York state, to continue
such practice provided that the chief executive officer shall be a
professional engineer licensed under this article, if practicing
engineering, or a land surveyor licensed under this article, if
practicing land surveying, and provided further that the person or
persons carrying on the actual practice of engineering or surveying on
behalf of, or designated as "engineer" or "surveyor", with or without
qualifying or characterizing word, by such corporation shall be
authorized to practice engineering or land surveying as provided in this
article. It shall be lawful for a corporation which, on account of or as
a result of requirements, restrictions or provisions of federal law, was
organized subsequent to April fifteenth, nineteen hundred thirty-five
for the purpose of taking over an existing engineering organization
established prior to such time and which has taken over such
organization and continued its engineering activities, provided that the
chief executive officer of such corporation shall be a professional
engineer licensed under this article and provided further, that the
person or persons carrying on the actual practice of engineering on
behalf of, or designated as "engineer", with or without qualifying or
characterizing word, by such corporation, shall be authorized to
practice engineering as provided in this article. No such corporation
shall change its name or sell its franchise or transfer its corporate
rights, directly or indirectly to any person, firm or corporation
without the consent of the department. Each such corporation shall
obtain a triennial registration on payment of a fee of fifty dollars.

7. Nothing in this article shall be construed to apply:

a. To the preparation or execution of designs, drawings, plans or
specifications for the construction or installation of machinery, or
apparatus constructed or installed by the corporation preparing such
designs, drawings, plans or specifications if the supervision of the
preparation of any such designs, drawings, plans or specifications,
construction or installation is done under the general direction of a
professional engineer or land surveyor licensed under this article; or

b. To alterations to any building or structure costing ten thousand
dollars or less which do not involve changes affecting the structural
safety or public safety thereof nor to farm buildings, including barns,
sheds, poultry houses and other buildings used directly and solely for
agricultural purposes; nor to residence buildings of gross floor area of
fifteen hundred square feet or less, not including garages, carports,
porches, cellars, or uninhabitable basements or attics.

8. Nothing in this article shall prohibit a corporation organized and
existing prior to the fifteenth day of April, nineteen hundred
thirty-five under the laws of any state other than the state of New
York, the name of which includes the word "engineers", from obtaining a
certificate of authority to do business in the state of New York,
provided that the business proposed to be done by such corporation
within this state, as set forth in the statement and designation
provided for by section thirteen hundred four of the business
corporation law, shall not include the practice within this state of
engineering or land surveying.

9. a. Any person who knowingly damages, destroys, disturbs, removes,
resets, or replaces any boundary marker placed on any tract of land by a
licensed land surveyor, or by any person at the direction of a licensed
land surveyor, for the purpose of designating any point, course or line
in the boundary of such tract of land in which he or she has no legal
interest, shall be punished by a civil fine of not more than five
hundred dollars and shall be liable for the cost of reestablishment of
said boundary marker.

b. Notwithstanding the provisions of paragraph a of this subdivision,
a licensed land surveyor licensed under section seventy-two hundred
three of this article or a person acting at the direction of any such
licensed land surveyor, may remove an existing marker if substandard in
nature in order to place an upgraded marker in the same location and
shall note the same on the map of survey.