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RULE PROPOSALS
VOLUME 43, ISSUE 05
ISSUE DATE: MARCH 7, 2011
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL ENGINEERS
AND LAND SURVEYORS

Proposed Readoption with Amendments: N.J.A.C. 13:40
Proposed Repeals: N.J.A.C. 13:40-15.4 and 15.24

Rules

Authorized By: State Board of Professional Engineers and Land Surveyors, Larry DeMarzo, Deputy Director, Division of Consumer Affairs.
 
Authority: N.J.S.A. 45:8-27 et seq.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2011-057.
 
Submit written comments by May 6, 2011 to:
   Joseph Grabowy, Acting Executive Director
   State Board of Professional Engineers and Land Surveyors
   PO Box 45015
   Newark, NJ 07101
 
The agency proposal follows:
 
Summary

The State Board of Professional Engineers and Land Surveyors (the Board) is proposing to readopt N.J.A.C. 13:40 with amendments. Pursuant to N.J.S.A. 52:14B-5.1c, these rules are scheduled to expire on July 25, 2011. In compliance with Executive Order No. 66 (1978), the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:40 in order to delete unnecessary or unreasonable rules and to clarify existing provisions. The Board believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable and responsive to the purpose for which they were originally promulgated. The Board also believes that the rules proposed for readoption, as amended, and the proposed repeals, meet the common sense criteria of Executive Order No. 2 (2010).


The following is a summary of the subchapters of N.J.A.C. 13:40, which the Board proposes to readopt, as well as a summary of the proposed amendments and the proposed repeals. The Board is proposing amendments throughout the chapter, with the exception of N.J.A.C. 13:40-7.2(b) and 7.5(b), to insert the word "professional" before the words "land surveyors" to avoid any confusion with their status.


Subchapter 1 outlines the purpose and scope of the practices of professional engineering, land surveying and home inspection in the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq.


N.J.A.C. 13:40-1.3 contains definitions that are used throughout the chapter. The Board is proposing to amend the definition of "closely allied professionals" to delete the word "certified" and replace it with 'licensed" before landscape architects to remain consistent with the changes set forth in N.J.A.C. 13:27-8. The board is proposing to amend the definition of "land surveying" or "surveying" or "practice of land surveying" to delete the phrase "topography including" to conform to the definition in N.J.S.A. 45:8-28(e).


N.J.A.C. 13:40-1.4 through 1.6 are reserved.
Subchapter 2 outlines the application requirements for persons seeking to be licensed as professional engineers or professional land surveyors or registered as engineers-in-training or surveyors-in-training. N.J.A.C. 13:40-2.1 outlines the procedures for submission of applications.


N.J.A.C. 13:40-2.2 contains the requirements regarding scheduling of the examination. N.J.A.C. 13:40-2.3 contains the procedure for cancelling and reapplying for an examination. N.J.A.C. 13:40-2.4 contains the application procedure and eligibility requirements for engineer-in-training, as well as the requirements for juniors and seniors to take the Part F portion of the examination. The Board is proposing amendments to N.J.A.C. 13:40-2.4(a)4 and (b)4 to clarify that the required references for applicants for a certificate of registration for an engineer-in-training may be from people who have personal knowledge of the applicant's engineering education. The Board believes that references from people who have specific knowledge of the applicant's engineering education should be accepted, as well as references from those who have knowledge of the applicant's experience or training. The Board is also proposing to add new N.J.A.C. 13:40-2.4(c)7 to provide that the Board will issue a certificate of registration as an engineer-in-training to a college junior or senior who sits for the fundamentals examination, meets the requirements of N.J.A.C. 13:40-2.4(b) and meets the transcript requirements of N.J.A.C. 13:40-2.4(a)3.


N.J.A.C. 13:40-2.5 contains the application procedure and eligibility requirements for the professional engineering examination. The Board is proposing to amend N.J.A.C. 13:40-2.5(a)4 to permit the Board to take special circumstances into consideration when an applicant cannot meet all of the requirements for eligibility to take the professional engineering examination.


N.J.A.C. 13:40-2.6 contains the application procedure and the eligibility requirements for a surveyor-in-training. The Board is proposing an amendment to N.J.A.C. 13:40-2.6(a)4, to make clear the references submitted for a surveyor-in-training may be from people with personal knowledge of the applicant's surveying education, as well as his or her experience or training. The Board is also proposing to add new N.J.A.C. 13:40-2.6(c)7, which states that the Board will issue a certificate of registration as a surveyor-in-training to a college junior or senior who sits for the fundamental examination, meets the requirements of N.J.A.C. 13:40-2.6(b) and meets the transcript requirements of N.J.A.C. 13:40-2.6(a)3.


N.J.A.C. 13:40-2.7 contains the application procedures and eligibility requirements for professional land surveyors. The Board is proposing an amendment to N.J.A.C. 13:40-2.7(a)4 to add authority to consider special circumstances when a licensed land surveyor in responsible charge of the work being claimed by the applicant is not available.


N.J.A.C. 13:40-2.8 sets forth the educational requirements for engineers-in-training and professional engineers. The Board is proposing to amend N.J.A.C. 13:40-2.8(b) and (c) by deleting the list of minimum requirements and providing instead that a bachelor's degree in an engineering program accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology Inc., (ABET) and a bachelor's degree in an engineering technology program accredited by the Technology Accreditation Commission of ABET, are acceptable for licensure for engineering-in-training and professional engineers, respectively. The Board proposes to amend N.J.A.C. 13:40-2.8(d) to provide that an applicant who possesses a degree from a college or university not accredited by ABET must obtain, at his or her own expense and submit to the Board, a detailed evaluation of his or her degree from a transcript review service recommended by the Board. Currently on the Board website there is a list of three providers who are familiar with ABET standards that the Board recommends the applicant utilize for evaluation of their degree.


N.J.A.C. 13:40-2.9 contains the education requirements for land surveyors-in-training and professional land surveyors. The Board is proposing to amend N.J.A.C. 13:40-2.9(b) by deleting the description of the curriculum and providing that a bachelor's degree in a land surveying program accredited by the Technology Accreditation Commission of ABET, Inc. (TAC/ABET) will be accepted for licensure. The Board is also proposing to amend N.J.A.C. 13:40-2.9(c) to provide that an applicant who possesses a degree from a college or university not accredited by ABET must obtain at his or her own expense and submit to the Board, a detailed evaluation of his or her degree from a transcript review service recommended by the Board. Currently on the Board website there is a list of three providers who are familiar with ABET standards that the Board recommends the applicant utilize for evaluation of their degree.


N.J.A.C. 13:40-2.10 contains the experience requirements for applicants seeking to obtain a professional engineering license. The [page=591] Board is proposing an amendment to N.J.A.C. 13:40-2.10(a)2, to remove the word "original" from the requirement that two years of professional experience shall be "original" engineering design experience because it is not in the statute, not defined in the rules, and has been source of confusion for applicants.


N.J.A.C. 13:40-2.11 sets forth the experience requirements for applicants seeking licensure to practice professional land surveying.


N.J.A.C. 13:40-2.12 provides that the Board may waive the fundamentals of engineering portion of the licensure examination under certain circumstances set forth in the section.


N.J.A.C. 13:40-2.13 sets forth the requirements regarding references.
N.J.A.C. 13:40-2.14 contains language comprehension requirements. The Board is proposing to amend N.J.A.C. 13:40-2.14(a) to require that any applicant who receives an undergraduate degree from a country where the official language is other than English submit to the Board a Test of English as a Foreign Language (TOEFL) certificate from the Educational Testing Service with a minimum overall score of 90. The Board is proposing to delete the requirement that an applicant take the Test of Spoken English (TSE) because the TOEFL test, which is an internet-based testing service, evaluates the applicant's abilities in reading, listening, speaking and writing.


N.J.A.C. 13:40-2.15 sets forth the procedures for biennial license renewal, license suspension for failure to renew, reinstatement of a suspended license, the selection of inactive status and the reactivation of an inactive license. The Board also proposes to amend N.J.A.C. 13:40-2.15(e)3 to substitute "continuing competency" for "professional development" for consistency regarding continuing education requirements. A technical amendment is proposed to N.J.A.C. 13:40-2.15(h)3 to correct the word "license" to "licensee ." N.J.A.C. 13:40-2.16 sets forth the requirements for comity licensure. N.J.A.C. 13:40-2.17 is reserved.


Subchapter 3 sets forth for professional engineers and professional land surveyors the requirements for licensure and exemptions, the standards of practice and provisions related to misconduct. N.J.A.C. 13:40-3.1 sets forth requirements for licensure, issuance and display of certificates and advertising.
N.J.A.C. 13:40-3.2 contains the various statutory exemptions to licensure. The Board is proposing to simplify the heading of this section to "licensure exemptions" because the section concerns licensure exemptions for both professional engineers and professional land surveyors.


N.J.A.C. 13:40-3.3 sets forth the requirements for advertising by professional business entities comprised of professional engineers and professional land surveyors.


N.J.A.C. 13:40-3.4 contains provisions concerning the release of project records. The Board proposes to amend N.J.A.C. 13:40-3.4(a) and (c) to specify that records may be electronic or digital or may be in written form. The Board also proposes to substitute "document" for "drawing/map/plat" in N.J.A.C. 13:40-3.4(c)2 because a document is a more appropriate term and covers all of the above.


N.J.A.C. 13:40-3.5 lists certain prohibited acts constituting misconduct within the professions. The Board is proposing to amend N.J.A.C. 13:40-3.5(a)7 to remove the word "surveyor" and replace it with "surveying" because it is grammatical correct in the context of land surveying services.


N.J.A.C. 13:40-3.6 contains the procedure for reporting incidents of professional misconduct.


N.J.A.C. 13:40-4.1 requires that the Board be notified of a change of address and states what is adequate notice for service of process. N.J.A.C. 13:40-4.2 contains the requirements for an engineer seeking licensure as a home inspector.


Subchapter 5 concerns the regulation of professional land surveyors and the preparation of land surveys. N.J.A.C. 13:40-5.1 outlines the procedures and rules for preparation of a land survey. The Board proposes to amend N.J.A.C. 13:40-5.1(f)3 to make clear that the horizontal datum of the survey must be shown on a survey, as well as the north arrow. An additional amendment is proposed at N.J.A.C. 13:40-5.1(n), which clarifies that maps showing topographic or planimetric data that also delineate property lines or street right-of-way lines, must also identify the vertical datum and include reference to a benchmark on the site. In addition, the Board proposes to correct a typographical error by replacing the word "transposed" with "transferred."


N.J.A.C. 13:40-5.2 sets forth the procedure that a professional land surveyor must follow when the setting of corner markers is waived.


N.J.A.C. 13:40-6.1 sets forth the fee schedule.
Subchapter 7 sets forth what elements of site plans and major subdivision plats are within the respective scopes of practice of the various professions covered in the subchapter. N.J.A.C. 13:40-7.1 provides that terms used throughout the subchapter are as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et.seq.

N.J.A.C. 13:40-7.2 identifies the existing conditions that must be shown on a site plan and the professionals who may assume responsibility for their preparation. The Board is proposing to amend N.J.A.C. 13:40-7.2(b) to replace the word "certified" with "licensed" in accordance with recent statutory changes at N.J.S.A. 45:3A-2, with respect to landscape architects throughout the rule.


N.J.A.C. 13:40-7.3 sets forth the elements of a site plan and the professionals who may assume responsibility for their preparation The Board is proposing to amend N.J.A.C. 13:40-7.3(b), (i) and (j) to replace the word "certified" with "licensed" in accordance with recent statutory changes at N.J.S.A. 45:3A-2, with respect to landscape architects.


N.J.A.C. 13:40-7.4 contains the requirements for major subdivision plans and which professionals may assume responsibility for them. The Board is proposing to amend N.J.A.C. 13:40-7.4(a) to replace the word "certified" with "licensed" in accordance with recent statutory changes at N.J.S.A. 45:3A-2, with respect to landscape architects.


N.J.A.C. 13:40-7.5 reserves to the Board the authority to determine the scope of practice of its licensees. No local ordinance precludes a board licensee from preparing and filing site plans or major subdivisions if it is within the licensee's scope of practice. The Board is proposing to amend N.J.A.C. 13:40-7.5(b) to replace the word "certified" with "licensed" in accordance with recent statutory changes at N.J.S.A. 45:3A-2, with respect to landscape architects.


Subchapter 8 contains the sealing and title block requirements for professional engineers and professional land surveyors. N.J.A.C. 13:40-8.1 sets forth the requirements for sealing documents. The Board is proposing one grammatical amendment to N.J.A.C. 13:40-8.1(f) to remove the word "all" from the sentence because the Board believes that it is not needed. N.J.A.C. 13:40-8.2 requires title blocks in a specific form on drawings, specifications and reports constituting the practice of the profession and prohibits their removal. N.J.A.C. 13:40-8.3 sets forth required contents of a title block. N.J.A.C. 13:40-8.4 permits any licensee to submit a proposed form of title block to the State Board of Professional Engineers and Land Surveyors for approval. N.J.A.C. 13:40-8.5 permits any individual licensed in both engineering and land surveying to use the title "professional engineer and professional land surveyor" on a title block if the project contains the work of both professions. N.J.A.C. 13:40-8.6 contains the requirements for subtitle blocks. The Board is proposing to amend this section to require each professional whose work is included in a project to sign and seal all plans with clear reference to the work that he or she has performed not under the immediate supervision of the licensee in responsible charge and not otherwise identified in accordance with N.J.A.C. 13:40-7.


Subchapter 9 concerns a licensee in responsible charge of engineering or land surveying work. N.J.A.C. 13:40-9.1 concerns the obligations of a licensee in responsible charge of a project to supervise individuals whose work affects the quality of the work performed by the licensee.


Subchapter 10 sets forth the requirements regarding the issuance of certificates of authorization for corporations and limited liability companies (LLC). N.J.A.C. 13:40-10.1 sets forth the procedure for issuance of certificates of authorization. The Board is proposing to add a new subsection (f) to reiterate that failure by a licensee in responsible charge of the professional services of the corporation or LLC to render regular and effective supervision pursuant to N.J.A.C. 13:40-9.1 constitutes professional misconduct. N.J.A.C. 13:40-10.2 sets forth the procedure for biennial renewals of certificates of authorization. N.J.A.C. 13:40-10.3 requires that there be a contract between a corporation or LLC and a licensed professional engineer or professional land surveyor who will be in responsible charge where there is no officer or employee in responsible charge.


[page=592] Subchapter 11 contains the continuing competency requirements for professional land surveyors. N.J.S.A. 13:40-11.1 provides that any professional land surveyor who fails to comply with the continuing professional competency requirements is subject to the penalties set forth in N.J.S.A. 45:8-35.9. N.J.A.C. 13:40-11.2 contains definitions that are used throughout the subchapter. The Board is proposing to replace the term "professional development hour" (PDH) with "continued professional competency credit" and define it as one hour of instruction. The Board further proposed to replace every reference to "PDHs" with the words "continuing professional competency credits" throughout the subchapter. The Board identified this amendment during the review it conducted in accordance with Executive Order No. 2 (2010). This amendment makes the definition consistent with N.J.S.A. 45:8-35.2.


N.J.A.C. 13:40-11.3 sets forth the credit hour requirements for continuing professional competency. N.J.A.C. 13:40-11.4 sets forth the procedure for approval for course offerings. N.J.A.C. 13:40-11.5 sets forth the types of programs and/or courses that are acceptable sources of continuing competency credits. N.J.A.C. 13:40-11.6 concerns the granting of professional competency credits. The Board is proposing to amend N.J.A.C. 13:40-11.6(a)1i and ii to replace the semester hour and quarter hour calculation for credit college level credit calculation with one continuing professional competency credit for each semester hour. N.J.A.C. 13:40-11.7 sets forth the process for reporting and documenting continuing professional competency credits.


N.J.A.C. 13:40-11.8 sets forth the waiver process for continuing competency requirements. N.J.A.C. 13:40-11.9 stipulates that failure of a licensee to renew his or her biennial certificate does not relieve a licensee of the responsibility to maintain continuing professional competence. N.J.A.C. 13:40-11.10 contains the continuing professional competency requirements for out-of-jurisdiction licensees. N.J.A.C. 13:40-11.11 sets forth the criteria for continuing professional competency programs. N.J.A.C. 13:40-11.12 sets forth the responsibility of program providers with respect to continuing professional competency requirements.


Subchapter 12 sets forth the requirements for licensees who wish to change their status to be a retired licensee or a no fee retired licensee. N.J.A.C. 13:40-12.1 contains the eligibility requirements for applying for status as a retired or a no-fee licensee. N.J.A.C. 13:40-12.2 sets forth the application requirements for, and entitlements of, licensees seeking retired status. N.J.A.C. 13:40-12.3 sets forth the procedure for licensees seeking no-fee retired licensee status. N.J.A.C. 13:40-12.4 sets forth the procedure for licensees who wish to resume practice after holding a retired or no-fee retired license. At N.J.A.C. 13:40-12.4(a)3i, the Board proposes to replace the words "professional engineer" with the words "licensee" because both professional engineers and professional land surveyors are required to demonstrate their current knowledge, competency and skill before resuming resumption of practice after being on the retired status list for five or more years. In addition, the Board is proposing to remove the word "engineering" from the same subparagraph for the same reasons noted above.


Subchapter 13 is reserved. It will contain continuing education requirements for professional engineers in accordance with the requirements of N.J.S.A. 45:8-35.11, which the Board is currently in the process of developing.
Subchapter 14 is reserved.


Subchapter 15 concerns the licensure and regulation of home inspectors.
N.J.A.C. 13:40-15.1 sets forth the purpose of the rules in this subchapter, which is to implement P.L. 1997, c. 323 (N.J.S.A. 45:8-61 et seq.), the Home Inspection Professional Licensing Act. It also outlines the scope of practice of the profession of home inspection. An amendment is being proposed to N.J.A.C. 13:40-15.1(c) to delete the reference to N.J.A.C. 13:40-15.5, which is now reserved.


Several amendments are being proposed to N.J.A.C. 13:40-15.1(d)7. The first proposed amendment would replace the words "under the on-site supervision of" and replace with the words "in the presence of and under the direct supervision of" with respect to a person performing home inspections. The Committee believes that the new language provides clarification and is more comprehensive than the previous language. It is also proposed to delete the words "associate home inspector" because associate home inspector classification and their licensing was eliminated, under P.L. 2005, c. 201, which became effective February 14, 2006. The word "training" is proposed to be added to replace the words "associate home inspector" that are proposed for deletion. It is also proposed that the reference to N.J.A.C. 13:40-15.5(a)4, which referred to associate home inspector, be replaced with N.J.A.C. 13:40-15.6(a)4.


N.J.A.C. 13:40-15.2 contains the definitions that are used throughout the subchapter. The Board is proposing amendments to various definitions in the section. It is proposed that the definition of "direct, on-site supervision" be amended to remove the words "on-site" because the definition makes clear that the supervising licensee is on-site. In addition, it is also proposed that "home inspection training report" be amended to remove the reference to N.J.A.C. 13:40-15.5(a)4, which deals with associate home inspectors, and replace it with N.J.A.C. 13:40-15.6(b), which contains the requirements for initial licensure as a home inspector. The Board is also proposing that the definition of "trainee" be amended, so that the words "under the direct, on-site supervision of" be deleted and replaced with the words "in the presence of and under the direct supervision of" with respect to supervision of trainees. The Board believes that the substituted language better fits the definition of a trainee. The definition of "trainee" is further proposed for amendment to delete the reference to N.J.A.C. 13:40-15.5, regarding associate home inspectors and replace it with N.J.A.C. 13:40-15.6 and N.J.S.A. 45:8-68c(2), which contains the requirements for initial licensure as a home inspector.


N.J.A.C. 13:40-15.3 contains the contact information for the Office of the Inspection Advisory Committee.


N.J.A.C. 13:40-15.4 contains the "grandfathering" requirements for initial licensure as a home inspector prior to December 30, 2005. The Board proposes that this section be repealed because the grandfathering period expired.
N.J.A.C. 13:40-15.5 and 15.7 are reserved.


N.J.A.C. 13:40-15.6 outlines the requirements for initial licensure as a home inspector. The Board proposes to amend the requirements for initial licensure as a home inspector. Specifically, the proposed amendment to N.J.A.C. 13:40-15.6(a)4 requires that a licensed home inspector who is supervising a trainee must hold an active New Jersey license, must have performed at least 500 home inspections and have at least three years of experience. An additional proposed amendment to this section would require that the inspector monitor the progress of the licensee, as well as ensure compliance with the home inspection training reports that are prepared by trainees. Proposed new N.J.A.C. 13:40-15.6(a)5 requires trainees seeking licensure under paragraph (a)4 to submit a list of the 250 inspections they have performed. In accordance with P.L. 2005, c. 201, the Board is proposing new N.J.A.C. 13:40-15.6(a)7, to require that a licensee pass the Home Inspector Examination administered by the Board of Professional Home Inspectors.


N.J.A.C. 13:40-15.8 outlines the insurance requirements for licensure as a home inspector. The Board is proposing a technical amendment to subsection (a) to remove the word "and" from the phrase "licensed home inspectors and engaged," as it is extraneous.


N.J.A.C. 13:40-15.9 contains the requirements for identification cards that all home inspectors are required to carry during home inspections.


N.J.A.C. 13:40-15.10 outlines the license renewal process.


N.J.A.C. 13:40-15.11 contains the requirements for change of license status from inactive to active. The Board is proposing that the reference to the course of study option in N.J.A.C. 13:40-15.11(a)2 be eliminated because N.J.A.C. 13:40-15.5, which contained the course of study option, was repealed. Therefore, in order to be reinstated, the licensee must complete 60 units of continuing education. In addition, in N.J.A.C. 13:40-15.11(a)3, the Board is proposing that the course of study requirement for a licensee who seeks reinstatement from inactive status of more than five years also be eliminated due to the repeal of N.J.A.C. 13:40-15.5 and replaced with the requirement of 20 continuing education units per year to a maximum of 120 continuing education units.


N.J.A.C. 13:40-15.12 outlines the procedure for reinstatement of a suspended license. The committee is proposing that the reference to N.J.A.C. 13:40-15.13 be replaced with the correct cross-reference to N.J.A.C. 13:40-15.14 in subsection (c). Proposed amendments to N.J.A.C. 13:40-15.12(d)2 eliminate the course of study as an option for a licensee requesting reinstatement from an administrative suspension of [page=593] more than two but less than five years. Currently, the only available option for reinstatement is to complete 60 units of continuing education.


It is proposed that N.J.A.C. 13:40-15.12(d)3 be amended to require that a home inspector, who has been administratively suspended for five years or more, complete 20 continuing education units per year to a maximum of 120 continuing education units. This proposed amendment comports with the requirements of N.J.S.A. 45:1-7.2, which contains a provision that an applicant may be required to prove that he or she has maintained proficiency by completing continuing education hours. The Board believes that if an applicant has been administratively suspended for five or more years, there is a greater need to require continuing education to demonstrate proficiency. Also, the word "retake" has been deleted and replaced with "take" because there are some inspectors who were not required to take the examination.


N.J.A.C. 13:40-15.13 concerns licensee addresses.


N.J.A.C. 13:40-15.14 contains the continuing education requirements for home inspectors in New Jersey. It is proposed that N.J.A.C. 13:40-15.14(b) be amended to require that beginning with the next biennial renewal period, May 1, 2011 through April 30, 2013, each home inspector complete a minimum of three continuing education units in each of the areas of report writing, ethics and the regulations governing the practice of home inspection, as part of the required 40 units of continuing education. The Board believes that these areas are particularly important to the home inspection field and most of the disciplinary complaints are generated in those areas. A technical amendment is being proposed to N.J.A.C. 13:40-15.14(b)3, to correct a typographical error replacing "carryover" with "carry over" with respect to licensees who complete more than the minimum continuing education units in any biennial registration period.


It is proposed that in N.J.A.C. 13:40-15.14(c)5, the words "on-site" be removed because they are extraneous in light of the definition of direct supervision, and in the same sentence the words "associate home inspectors and/or" are proposed to be removed, as well as the phrase "two associate home inspectors and/or" because the classification of associate home inspectors no longer exists. It is also proposed that the words "trainees in the aggregate" be removed and replaced with "one trainee," with respect to the number of trainees permitted to attend home inspections used for training purposes. It is proposed that in paragraph (d)7, the words "on-site" be removed because they are extraneous in light of the definition of direct supervision and the reference to associate home inspectors is proposed to be deleted because the classification of associate home inspectors no longer exits.


N.J.A.C. 13:40-15.15 concerns pre-inspection agreements. The Committee is proposing to amend N.J.A.C. 13:40-15.15(c) to include weather conditions as a factor that may affect the pre-inspection agreement standards.


N.J.A.C. 13:40-15.16 outlines the standards of practice of home inspectors. The Board proposes to amend N.J.A.C. 13:40-15.16(j)1iv by removing the reference to the flame roll out shield, with respect to inspecting visible and accessible portions of the heat exchanger. The Committee suggested eliminating the requirement that the flame roll out shield be removed during the review it conducted in response to Executive Order No. 2 (2010), because removal is no longer necessary for a furnace inspection due to the construction of newer furnaces.


N.J.A.C. 13:40-15.16(n)2iii is proposed to be amended to require a description of visible evidence of only improper draft characteristics, rather than all draft characteristics.


N.J.A.C. 13:40-15.17 contains the required tools and equipment that all home inspectors must have when conducting home inspections.


N.J.A.C. 13:40-15.18 concerns advertising and licensee identification. Amendments are being proposed to N.J.A.C. 13:40-15.18(c)2, (f)2 and (h)2 that would allow the home inspector's license number to be displayed in two different ways in advertising, on commercial vehicles and on business correspondence and stationery. An amendment is proposed to N.J.A.C. 13:40-15.18(d) pursuant to Executive Order No. 2 (2010) recommendations that would reduce the record retention requirement from five years to one year. It is proposed that N.J.A.C. 13:40-15.18(g), which requires that all home inspectors who use non-commercial vehicles display a place card on their dashboard containing the inspector's credentials be deleted. The deletion is being proposed pursuant to Executive Order No. 2 (2010) recommendations because the committee believes that the marking requirements for non-commercial vehicles are restrictive and burdensome on licensees.
N.J.A.C. 13:40-15.19 outlines prohibited practices for home inspectors.


N.J.A.C. 13:40-15.20 outlines grounds for license suspension, revocation or refusal to renew a license.


N.J.A.C. 13:40-15.21 contains the requirements for licensure as a home inspector by comity.


N.J.A.C. 13:40-15.22 sets forth the types of inspection services that require additional experience, education, training, license or certification.


N.J.A.C. 13:40-15.23 sets forth the fees charged by the committee.


Finally, N.J.A.C. 13:40-15.24, concerning associate home inspectors, is proposed for repeal because the status of associate home inspectors was eliminated in 2005.
The Board has determined that the comment period for this notice of proposal is 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.


 
Social Impact


The Board believes that the existing rules have protected the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to engage in the practice of professional engineering, land surveying and home inspection. The rules proposed for readoption and proposed repeals establish the requisite standards of practice in the State and positively affect the regulated community by clarifying the varied aspects of professional engineering, land surveying and home inspection practice for the benefit of all Board and Committee licensees and applicants for licensure. The readoption with amendments of N.J.A.C. 13:40 and the proposed repeals are essential in order for the Board to continue to regulate the practice of engineering, land surveying and home inspection services, and to ensure that every licensee is aware of the procedures involved with licensure and the practice of engineering, land surveying and home inspecting.


The Board believes that the rules proposed for readoption with amendments and proposed repeals will have a positive impact upon the public by continuing to safeguard the public health, safety and welfare by ensuring the maintenance of professional practice standards that enable licensees to provide the highest quality of service.

 
Economic Impact


The Board anticipates that the rules proposed for readoption may impose additional or significant costs upon applicants seeking to be reinstated after an administrative suspension from the practice of home inspecting. The proposed amendment to N.J.A.C. 13:40-15.12(d)3 requires that a home inspector administratively suspended for five years or more, complete 20 continuing education units per year to a maximum of 120 continuing education units. This requirement may impose additional financial burdens on home inspectors, as they would be responsible for incurring the tuition costs associated with the continuing education programs/courses.


The proposed readoption of the existing rules will continue the economic impact that the rules have had on such persons for the past five years. The readoption of the existing rules in N.J.A.C. 13:40 impose the following economic costs.


Subchapter 2 will continue to have an economic impact upon applicants for licensure to the extent that applicants will incur costs associated with submitting applications, which include application fees, examination fees and transcript fees. Additionally, applicants with a non-United States degree from a non-ABET accredited school may incur costs to have their transcripts reviewed by a Board approved transcript review service. N.J.A.C. 13:40-2.15 sets forth the existing requirements for biennial license renewal, including the payment of license renewal fees and late, reinstatement and reactivation fees when appropriate.


N.J.A.C. 13:40-3.3 sets forth the advertising rules that require certain information be included on advertisements by licensees. N.J.A.C. 13:40-3.4 requires licensees to maintain records and documents generated for engineering and land surveying projects.


N.J.A.C. 13:40-4.1 requires that licensees notify the Board of a change of address, which may result in minimal costs to licensees for postage charges.


[page=594] Subchapter 6 sets forth the fees that must be remitted to the Board by licensees for applications, initial and biennial license renewal, late fees, reinstatement and reactivation fees, duplicate certificate and replacement fees, as well as fees for reviewing continuing competency programs.


N.J.A.C. 13:40-8.1 will continue to have an economic impact on licensees to the extent that licensees are required to have an impression-type seal for sealing documents related to the practice of professional engineering or professional land surveying. N.J.A.C. 13:40-9.1 requires licensees to maintain records and documents generated for engineering and land surveying projects.


The continuing professional competency requirements outlined in Subchapter 11 will continue to have an economic impact upon professional land surveyors. Licensees will incur the costs of enrolling in courses and programs, as well as the administrative costs associated with maintaining records of attendance. Additionally, a licensee's failure to satisfy the continuing professional competency requirement could have an economic impact to the extent that a licensee may be subject to the penalties set forth in N.J.S.A. 45:8-35.9. N.J.A.C. 13:40-11.11 will continue to have an economic impact upon course providers and licensees who will incur a cost to have a continuing professional competency course reviewed by the Board.


Subchapter 12 will continue to have an economic impact upon applicants for retired licensee status to the extent that they must submit an application fee.
N.J.A.C. 13:40-15.4, 15.5 and 15.6 require applicants for licensure as home inspectors to qualify for licensure and pay an application fee. N.J.A.C. 13:40-15.8, which mirrors the statutory requirements of N.J.S.A. 45:8-76, requires licensed home inspectors to purchase and maintain an errors and omissions insurance policy in the minimum amount of $ 500,000 per occurrence and file proof of the policy with the Committee.


N.J.A.C. 13:40-15.9 requires licensed home inspectors to carry an identification card issued by the Committee and to pay a fee for replacement cards. N.J.A.C. 13:40-15.10 requires that licensees renew their licenses biennially and pay a license renewal fee, a late fee and a reinstatement fee, when appropriate.


N.J.A.C. 13:40-15.11 allows licensees to select an inactive status and requires the payment of a fee. This section also requires those who wish to return to active status from inactive status to complete certain continuing education requirements and pay a reactivation fee. N.J.A.C. 13:40-15.12 sets forth the requirements for reinstatement of a suspended license, including the completion of continuing education and the payment of a reinstatement fee. N.J.A.C. 13:40-15.14 sets forth the continuing education requirements, including the completion of 40 continuing education units per biennial renewal cycle. The section also requires that sponsors pay a fee for submission of courses and programs for review by the Committee.


N.J.A.C. 13:40-5.17 sets forth mandatory tools and equipment that a home inspector must use during home inspections, the cost of purchase is borne by the licensee. N.J.A.C. 13:40-15.20 sets forth the acts that may lead to license suspension and prevent a licensee from engaging in the practice of home inspection. N.J.A.C. 13:40-15.21 sets forth the requirements for licensure by comity, including the payment of fees. N.J.A.C. 13:40-15.23 sets forth the fee schedule, which includes application, initial and renewal license, late, reinstatement, reactivation and continuing education course review fees.
 

Federal Standards Statement


A Federal standards analysis is not required because the rules proposed for readoption are subject to State statutory requirements and are not subject to any Federal requirements or standards.
 

Jobs Impact


The Board believes that the rules proposed readoption with amendments and proposed repeals will not result in the generation or loss of jobs in the State.
 

Agriculture Industry Impact


The Board believes that the rules proposed for readoption with amendments and repeals will not affect the agriculture industry in the State.
 

Regulatory Flexibility Analysis


Currently, the Board licenses approximately 18,515 professional engineers, 979 land surveyors and 726 home inspectors. If, for the purposes of the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., Board licensees are considered "small businesses," then the following analysis applies.


Subchapter 2 contains numerous compliance and reporting requirements for persons applying to take examinations to be licensed as engineers-in-training, professional engineers, surveyors-in-training or land surveyors. As outlined in N.J.A.C. 13:40-2.1 through 2.16, applicants must meet prescribed eligibility requirements and submit typewritten, notarized application forms with supporting documentation that includes: transcripts, at least three references from people who have personal knowledge of the applicant's engineering or surveying experience, education or training, proof of practical experience under the regular and effective supervision of a licensed professional and other materials as directed by the rules, which are pertinent to the type of license applied for. Applicants are also required to pay application and examination fees, meet deadlines and verify that the Board has received all of the required materials by the deadline date. If approved to sit for an examination, applicants are required to notify the Board of the date they intend to take the examination. Applicants who have had an application canceled, are required to resubmit an application to the Board and to abide by the eligibility requirements applicable at the time of the new application. The reapplication form must contain supporting documentation and a letter referencing any prior application number by the deadline prescribed in the new application packet.


An applicant who has received a degree from a college or university that is not accredited by the Accreditation Board for Engineering and Technology must obtain at his or her own expense and submit to the Board a detailed evaluation of his or her degree from a transcript review service recommended by the Board. In complying with the above rules, applicants will be required to remit the appropriate application fees and examination fees and pay to have transcripts transmitted to the Board from educational institutions. Additionally, applicants may be required to contract for professional services, which include testing and translation services and a Board-recommended transcript review service and pay the costs associated with each.


Subchapter 3 imposes various compliance requirements. N.J.A.C. 13:40-3.3 sets forth the requirements for advertising, including specific content and recordkeeping requirements. N.J.A.C. 13:40-3.4 imposes recordkeeping and compliance requirements. Licensees must maintain possession of originals of records, which include plans, reports, documents, field notes and other items or work products generated for an engineering or land surveying project. In addition, the rule requires licensees to provide copies of all records generated for the engineering or land surveying project to clients upon request. The copies must include a disclaimer that indicates that the data utilized in the documents may have changed since the date of the original drawing, map or plat. Included in N.J.A.C. 13:40-3.5 is a duty to notify proper authorities and withdraw from service on a project when a client or employer insists on conduct that disregards the health, safety and welfare of the public and to cooperate with the Board in any investigative inquiry relating to possible violations of any statute or regulation administered by the Board.


Subchapter 4 requires licensees to notify the Board of a change of address no later than 30 days following the change of address.


Subchapter 5 imposes compliance requirements for the preparation of land surveys and the setting of property corner markers.


Subchapter 6 requires licensees and applicants for licensure to remit designated fees to the Board.


Subchapter 7 continues to impose numerous compliance requirements for the preparation and submission of site plans and major subdivision plans. N.J.A.C. 13:40-7.1 provides that the preparation and submission of the various elements of site plans and major subdivision plans are within the scope of practice of the various professions listed in the subchapter. N.J.A.C. 13:40-7.2, 7.3 and 7.4 designate the professionals who can prepare the various elements of the plans.


Subchapter 8 imposes compliance requirements upon licensees for signing and sealing documents and title blocks. N.J.A.C. 13:40-8.1 requires professional engineers and land surveyors to sign and seal [page=595] various documents as enumerated in the rule. If the document includes the work of more than one professional, each person must sign and seal the document and refer to the work performed by each. Additionally, N.J.A.C. 13:40-8.1 requires the sealing of documents with an impression-type seal. The rule also contains requirements for the content, form and placement of title blocks on documents. The rule also contains requirements for the content, form and placement of title blocks on documents. Compliance costs associated with signing and sealing of documents include the cost of an impression-type seal.


Subchapter 9 requires licensees who are in responsible charge of a project to exercise regular and effective supervision over individuals performing services that affect the quality of the work rendered by the licensee and to maintain records of such supervision.


Subchapter 10 imposes compliance and recordkeeping requirements regarding the issuance of certificates of authorization. N.J.A.C. 13:40-10.1 requires that prior to rendering professional engineering and/or land surveying services, a business corporation or limited liability must obtain a certificate of authorization. N.J.A.C. 13:40-10.2 requires that business corporations and limited liability companies with certificates of authorization must renew the certificates biennially. N.J.A.C. 13:40-10.3 requires business corporations and limited liability companies that do not employ a licensed professional engineer and/or land surveyor who is in responsible charge to enter into a contract with a licensee before offering or rendering professional services, in addition to obtaining a certificate of authorization from the Board.


Subchapter 11 sets forth compliance and reporting requirements for land surveyors who must complete and document continuing professional competency. N.J.A.C. 13:40-11.3 requires applicants, as a condition of license renewal, to earn 24 credits of continuing professional competency during the preceding biennial renewal period. As set forth in N.J.A.C. 13:40-11.5 and 11.11, continuing professional competency hours may be earned only in approved courses or programs that meet specified criteria. N.J.A.C. 13:40-11.7 requires licensees to provide a signed statement certifying completion of the continuing professional competency requirements and to maintain all records for two biennial periods following completion of the requirements. N.J.A.C. 13:40-11.8 imposes compliance requirements for those licensees who wish to obtain a waiver of the continuing professional competency requirements. N.J.A.C. 13:40-11.9 and 11.10 require proof of completion of professional competency credits as a condition of having a license restored or for non-resident licensees, respectively. N.J.A.C. 13:40-11.4 and 11.13 contain compliance requirements applicable to continuing professional competency credit providers. N.J.A.C. 13:40-11.4 requires program providers to submit a fee and documentation in order to be approved by the Board. N.J.A.C. 13:40-11.13 sets out the responsibilities of course or program providers pertinent to offering a course or program for licensees. Compliance costs associated with this section would be the cost incurred by sponsors offering programs and the costs incurred by licensees who must enroll in courses to earn the required number of continuing professional competency credits.


Subchapter 12 contains compliance and reporting requirements for licensees seeking retired status or no-fee retired status. N.J.A.C. 13:40-12.1 requires licensees seeking retired or no-fee retired status to demonstrate they have met the eligibility criteria and prohibits them from engaging in the practice of professional engineering or land surveying. N.J.A.C. 13:40-12.2 requires applicants for retired status to submit an application form and fee. Additionally, if a licensee wishes to maintain the retired status, the licensee is required to remit a biennial retired license fee. N.J.A.C. 13:40-12.3 requires licensees seeking no-fee retired status to submit an application form. N.J.A.C. 13:40-12.4 requires licensees who are in retired or no-fee retired status to submit an application, fees and supporting documentation in order to be eligible to resume practice.


Subchapter 15 contains compliance, reporting and recordkeeping requirements for home inspector applicants, licensees and sponsors of continuing education programs. N.J.A.C. 13:40-15.6 requires that applicants for licensure as home inspectors must meet prescribed eligibility requirements and submit application forms with supporting documentation, which include: transcripts, letters of reference, proof of practical experience under the regular and effective supervision of a licensed professional and other materials as directed by the rules governing licensure. Applicants are also required to pay application and examination fees. N.J.A.C. 13:40-15.8 requires that home inspectors comply with the minimum errors and omissions insurance requirement. N.J.A.C. 13:40-15.9 requires licensees to carry photo identification cards. N.J.A.C. 13:40-15.10 requires that licensees renew their licenses on a biennial basis, including the payment of a fee. N.J.A.C. 13:40-15.11 and 15.12 set forth the compliance requirements for licensees with inactive or suspended licenses who wish to have their licenses reinstated, including the payment of fees. N.J.A.C. 13:40-15.13 requires licensees to notify the Committee within 30 days of an address change. N.J.A.C. 13:40-15.14 sets forth the compliance and recordkeeping requirements related to continuing education for licensees and sponsors of continuing education programs, including the completion of 40 continuing education credits by licensees during each biennial licensing period. N.J.A.C. 13:40-15.15 sets forth the compliance and recordkeeping requirements concerning pre-inspection agreements between the home inspector and the client. N.J.A.C. 13:40-15.16 sets forth compliance and recordkeeping standards of practice for licensees for which a licensee may be suspended for violation of any of these standards.


N.J.A.C. 13:40-15.17 requires that licensees maintain specific tools and equipment for use while performing home inspections. N.J.A.C. 13:40-15.18 sets forth the compliance and recordkeeping requirements for advertising by licensees, including specific content that must be included in all advertising. N.J.A.C. 13:40-15.19 sets forth the prohibited acts for which licensees would face discipline for misconduct. N.J.A.C. 13:40-15.21 sets forth the application requirements for licensure by comity. N.J.A.C. 13:40-15.23 requires licensees, applicants for licensure and sponsors of continuing education programs to remit designated fees to the Committee.


The rules do not impose any other compliance, reporting or recordkeeping requirements. No additional professional services will be needed to comply with the rules. The Board views the rules proposed for readoption with amendments and repeals to be necessary to promote and protect the public welfare; thus the Board has provided no differing or lesser standards for small businesses.
 

Smart Growth Impact


The Board does not believe that the rules proposed for readoption with amendments and repeals will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.
 

Housing Affordability Impact


The rules proposed readoption with amendments and repeals will have an insignificant impact on affordable housing in New Jersey and it is extremely unlikely that the rules would evoke a change in the average costs associated with housing because the rules proposed for readoption with amendments and repeals concern the practice of professional engineering, surveying and home inspecting in the State of New Jersey.
 

Smart Growth Development Impact


The rules proposed for readoption with amendments and repeals will have an insignificant impact on smart growth development and it is extremely unlikely that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the rules proposed for readoption with amendment and repeals concern the practice of professional engineering, land surveying and home inspecting in the State of New Jersey.
 
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:40.
 
Full text of the proposed amendments and repeals follows (additions indicated in boldface thus; deletions indicated in brackets[thus]):
 
SUBCHAPTER 1.    PURPOSE AND SCOPE; DEFINITIONS
 
13:40-1.1   Purpose
 
The purpose of this chapter is to regulate the practices of professional engineering, professional land surveying and home inspection in the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq.
 
[page=596] 13:40-1.2      Scope
 
This chapter shall apply to all applicants seeking licensure as professional engineers, professional land surveyors and/or home inspectors and all licensees practicing professional engineering, professional land surveying and/or home inspecting in the State of New Jersey.
 
13:40-1.3   Definitions
 
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
 
. . .
 
"Closely allied professionals" means and is limited to licensed architects, professional engineers, professional land surveyors, professional planners and [certified] licensed landscape architects pursuant to N.J.S.A. 45:8-28(j) and 45:4B-3.
 
. . .
 
"Land surveying" or "surveying" or "practice of land surveying" means any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law to the act of measuring and locating distances, directions, elevations, [topography including] natural and man-made topographical features in the air, on the surface of the earth, within underground workings, and on beds of bodies of water for the purpose of determining areas and volumes, and for the establishing of horizontal and vertical control as it relates to construction stake-out, for the monumentation of property boundaries and for platting and layout of lands and subdivisions thereof and for the preparation and perpetuation of maps, record plats, field notes, records and property descriptions in manual and computer coded form that represents these surveys. The practice of land surveying includes the establishment and maintenance of the base mapping and related control for land information systems that are developed from the practice of land surveying.
 
. . .
 
"License" means official documents issued by the Board to an individual attesting to the fact that the individual has met the minimum requirements to practice professional engineering or professional land surveying in the State of New Jersey.
 
. . .
 
"Professional business entity" means a sole proprietorship of a licensed professional engineer or professional land surveyor; a partnership, including a limited liability partnership, of licensed professional engineers and/or professional land surveyors; a partnership, including a limited liability partnership, of closely allied professionals, including at least one licensed professional engineer or licensed professional land surveyor; a professional service corporation of persons providing closely allied professional services as defined by N.J.S.A. 14A:17-3, including at least one licensed engineer or licensed professional land surveyor, established pursuant to the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq.; or a limited liability company or a corporation either of which is required to hold a Certificate of Authorization from the State Board of Professional Engineers and Land Surveyors pursuant to N.J.A.C. 13:40-10.
 
"Responsible charge" means the rendering of regular and effective supervision by a competent professional engineer or professional land surveyor to those individuals performing services [which] that directly and materially affect the quality and competence of the professional services rendered by the licensee.
 
. . .
 
SUBCHAPTER 2.    APPLICATION REQUIREMENTS; LICENSING; BIENNIAL RENEWAL; INACTIVE STATUS
 
13:40-2.4   Engineer-in-training: application procedure; eligibility requirements; requirements for juniors and seniors to sit for Part F portion
 
(a) To be eligible for a certificate of registration as an engineer-in-training, an applicant shall:
 
1.-3. (No change.)
 
4. Submit a minimum of three references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's engineering education, experience or training, one of whom shall be a licensed professional engineer in the United States;
 
5.-6. (No change.)
 
(b) A person in his or her junior or senior year of college pursuing either a degree in engineering or engineering technology shall be permitted to sit for the Part F portion of the examination if:
 
1.-3. (No change.)
 
4. The applicant submits a minimum of three references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's engineering education, experience or training, one of whom shall be a licensed professional engineer in the United States;
 
5.-6. (No change.)
 
(c) The Board shall issue a certificate of registration as an engineer-in-training to a person meeting the requirements of (b) above, upon the person meeting the requirements of (a)3 above.
 
13:40-2.6   Surveyor-in-training; application procedure; eligibility requirements
 
(a) To be eligible for a certificate of registration as a surveyor-in-training, an applicant shall:
 
1.-3. (No change.)
 
4. Submit a minimum of three references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's surveying education, experience or training, one of whom shall be a licensed professional land surveyor in the United States; and
 
5. (No change.)
 
(b) (No change.)
 
(c) The Board shall issue a certificate of registration as a surveyor-in-training to a person meeting the requirements of (b) above upon the person meeting the requirements of (a)3 above.
 
13:40-2.7   [Land] Professional land surveyor; application procedures; eligibility requirements
 
(a) An applicant for licensure as a professional land surveyor shall submit the following to the Board:
 
1.-3. (No change.)
 
4. A minimum of five references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training, three of whom shall be licensed professional land surveyors in the United States. The professional references for that portion of the applicant's experience constituting the minimum experience required for licensure shall be licensed professional land surveyors who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. Special circumstances may be considered by the Board at the time of application in such cases where a licensed professional land surveyor in responsible charge of the work being claimed by the applicant is not available; and
 
5. (No change)
 
(b)-(c) (No change.)
 
13:40-2.8   Education requirements; engineer-in-training and professional engineer
 
(a) (No change.)
 
(b) [An] A bachelor's degree in an engineering [curriculum] program accredited by the Engineering Accreditation Commission of ABET, Inc., shall [not] be accepted for licensure. [unless approved by the Board and shall consist of the following minimum requirements:
 
1. 128 semester hours, 80 of which shall consist of:
 
i. 32 semester hours of a combination of mathematics and basic sciences;
 
ii. 32 semester hours of engineering sciences; and
 
iii. 16 semester hours of engineering design.
 
2. For purposes of conversion, one semester hour equals 1.5 quarter hour credits.]
 
(c) [An] A bachelor's degree in an engineering technology [curriculum] program accredited by the Technology Accreditation Commission of ABET, Inc. (TAC/ABET) shall [not] be accepted for [page=597] licensure. [unless approved by the Board and shall consist of the following minimum requirements:
 
1. 124 semester hours which shall consist of:
 
i. 48 hours of technical science courses in the specialty section, for example, mechanics, strength materials, hydraulics, engineering graphics, surveying, soils and foundations, computer technology, engineering materials;
 
ii. 24 semester hours of basic science and mathematics inclusive of the following courses: physics, including the appropriate laboratory exercises; analytical chemistry, including the appropriate laboratory exercises; analytical geometry; applied differential and integral calculus; thermodynamics; and
 
iii. The balance of hours shall be designed to achieve an integrated and well rounded technology degree, including design sequences in a major technology area appropriate to bachelor degree program needs, that is, electrical, mechanical, construction/civil technology degrees.
 
2. For purposes of conversion, one semester hour equals 1.5 quarter hour credits.]
 
(d) An applicant [who has attended an educational institution that is both] with a degree from a college or university that is not accredited by the Accreditation Board for Engineering and Technology [and not located in the United States] shall [have] obtain, at his or her own expense, and shall submit to the Board a detailed evaluation of his or her degree [evaluated by] from a transcript review service [selected and approved] recommended by the Board. [Reviews of services other than those selected and approved by the Board shall not be accepted]
 
(e)-(f) (No change.)
 
13:40-2.9   Education requirements: land surveyor-in-training; professional land surveyor
 
(a) (No change.)
 
(b) A bachelor's degree in a land surveying [curriculum] program accredited by the Technology Accreditation Commission of ABET, Inc., shall [not] be accepted for licensure. [unless approved by the Board and shall consist of the following minimum requirements:
 
1. 128 semester hours which shall consist of:
 
i. 45 semester hours in surveying and mapping science and practice;
 
(1) The following topics shall be incorporated in the surveying and mapping science requirements: field surveying/data collection, instrumentation and methods, measurement data reduction and data adjustment (least squares), geodesy, geodetic positioning/orientation and Global Positioning System (GPS), Geographic Information System (GIS), Land Information System (LIS), photogrammetry and remote sensing, map projection and coordinate systems;
 
(2) The following topics shall be incorporated in the surveying and mapping practice requirements and shall constitute a minimum of 15 of the required 45 semester hours. Of these required 15 semester hours, nine semester hours shall be spent on design and field exercises in the above mentioned course materials, legal systems and legal research. Six semester hours shall be spent on cadastral or boundary surveying;
 
ii. 24 semester hours of math, statistics and general science; and
 
iii. Nine semester hours of communication (writing and/or speech).
 
2. For purposes of conversion, one semester hour equals 1.5 quarter hour credits.]
 
(c) Any applicant [who has attended an educational institution not located in the United States] with a degree from a college or university that is not accredited by the Accreditation Board for Engineering and Technology shall [have their] obtain, at his or her own expense, and shall submit to the Board, a detailed evaluation of his or her degree [evaluated by] from a transcript review service selected and approved by the Board. Reviews by services other than those selected and approved by the Board shall not be accepted.
 
(d)-(e) (No change.)
 
13:40-2.10   Experience requirements; professional engineer
 
(a) An applicant for a professional engineering license who is applying to sit for the principles and practices exam shall have four years of professional experience that the Board determines is consistent with the requirements of N.J.S.A. 45:8-28(b), which shall be gained under the regular and effective supervision of a licensed professional engineer.
 
1. (No change.)
 
2. Two years of professional experience shall be [original] engineering design experience that the Board determines has demonstrated increased responsibility and increased technical expertise over time.
 
(b)-(f) (No change.)
 
13:40-2.11   Experience requirements; professional land surveyor
 
(a) An applicant for a professional land surveying license shall obtain at least three years of experience that the Board determines is consistent with the requirements of N.J.S.A. 45:8-28(e), which shall be original land surveying experience that the Board determines has demonstrated increased responsibility and increased technical expertise over time. All experience shall be gained in the United States under the regular and effective supervision of a licensed professional land surveyor.
 
(b)-(e) (No change.)
 
13:40-2.14   Language comprehension requirement
 
(a) Any applicant who received an undergraduate degree from a country where the official language is other than English, prior to taking the examination shall submit to the Board a TOEFL (Test of English as a Foreign Language) certificate from Educational Testing Service with a minimum overall score of [233 or its equivalent and a TSE (Test of Spoken English) with a minimum score of 50 or its equivalent] 90. This is an internet based test, which evaluates an applicant's abilities in the areas of reading, listening, speaking and writing. Additional information may be obtained from Educational Testing Service at www.ets.org. This test shall have been taken within two years of application.
 
(b) (No change.)
 
13:40-2.15   Biennial license renewal; license suspension; reinstatement of suspended license; inactive status
 
(a)-(c) (No change.)
 
(d) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual with a suspended license who holds himself or herself out as a professional engineer or a professional land surveyor shall be in violation of N.J.S.A. 45:8-27 and N.J.A.C. 13:40-3.1.
 
(e) A licensee whose license has been automatically suspended for five years or less for failure to renew pursuant to (d) above may be reinstated by the Board upon completion of the following:
 
1.-2. (No change.)
 
3. In the case of a professional land surveyor, submission of proof of completion of the [professional development hours required] continuing competency for each biennial licensure period for which the license was suspended.
 
(f) (No change.)
 
(g) Renewal applications shall provide the licensee with the option of either active or inactive status. A licensee electing inactive status shall pay the inactive license fee set forth in N.J.A.C. 13:40-6.1 and shall not hold himself or herself out as a professional engineer or professional land surveyor, as the case may be.
 
(h) A licensee who elected inactive status and has been on inactive status for five years or less may be reactivated by the Board upon completion of the following:
 
1.-2. (No change.)
 
3. In the case of a professional land surveyor, submission of proof of completion of the [professional development] continuing competency required for each biennial licensure period for which the [license] licensee was on inactive status.
 
(i) (No change.)
 
SUBCHAPTER 3.    LICENSURE REQUIREMENT; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT
 
13:40-3.1   Licensure requirement; issuance and display of certificate; advertising
 
(a) (No change.)
 
(b) A person shall not use the title "professional land surveyor," "surveyor" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice professional land surveying in this State unless that person is licensed by the Board.
 
[page=598] (c) All professional engineering and professional land surveying performed for or by a department, institution, commission, board or body of the State Government or for or by any county, city, township, village, borough or other municipal corporation or other political subdivision in the State shall be performed by a licensed individual in conformance with N.J.S.A. 45:8-27 et seq., [N.J.S.A.] 45:4B-1 et seq. and N.J.A.C. 13:40.
 
(d)-(h) (No change.)
 
13:40-3.2   Licensure exemptions[: acceptable measurements by professional engineers]
 
(a) The following persons shall be exempt from the licensure requirements of N.J.A.C. 13:40-3.1:
 
1. An individual not a resident of and having no established place of business in this State who practices or offers to practice professional engineering or professional land surveying when such practice does not exceed in the aggregate 30 consecutive days in any calendar year[s] provided that the individual is legally qualified by license to practice professional engineering or professional land surveying in any State or county in which the requirements and qualifications for licensure are at least comparable to those required by the Board and no final plans or reports are submitted by the individual;
 
2. An individual not a resident of and having no established place of business in this State or who recently becomes a resident of this State, who practices or offers to practice professional engineering or professional land surveying for more than 30 days in any calendar year if the individual has filed with the Board an application for licensure and has paid the requisite fees, provided that the individual is legally qualified to practice professional engineering or professional land surveying in any State or country in which the requirements and qualifications for obtaining a license are at least comparable to those required by the Board and this exemption shall continue only for such time as the Board requires for its consideration of the application for licensure;
 
3. (No change.)
 
4. An officer or employee of the Government of the United States while engaged within this State in the practice of professional engineering or professional land surveying for [that] the government;
 
5. An officer or employee [for] of a corporation engaged in interstate commerce as defined in an act of Congress entitled[.] "Act to regulate commerce," approved February 4, 1887, 24 Stat. 379, and as amended, when practicing professional engineering or professional land surveying solely for that corporation unless such practice affects public safety or health;
 
6.-7.(No change.)
 
8. A person when exclusively practicing professional engineering or professional land surveying on property owned or leased by the person unless such practice involves the safety, health or welfare of the public.
 
(b)-(c) (No change.)
 
13:40-3.3   Advertising
 
(a) Professional engineers and professional land surveyors shall meet the following requirements concerning advertisements:
 
1. An advertisement shall include a term which is descriptive of the professional services to be rendered, such as "professional engineer," "professional land surveyor," "professional engineering," "engineering," "professional land surveying," "surveying," "professional engineer on staff," "professional land surveyor on staff," "professional engineering services," "professional land surveying services" or the substantial equivalent thereof and may be made only by a professional business entity.
 
2. An advertisement shall include the name and license number of a professional engineer or professional land surveyor, as appropriate, and, if applicable, the name of the professional business entity and its certificate of authorization number.
 
3. Each professional engineer and professional land surveyor, who is a principal[.], partner[,] or officer of a professional business entity, shall be responsible for the form and content of any advertisement, which offers to provide professional engineering and/or professional land surveying services.
 
4. A copy of each advertisement shall be retained by each professional engineer and professional land surveyor who is a principal, partner or officer of a professional business entity, for a period of three years from the date of the last authorized publication or dissemination of the advertisement and shall be made available for review upon request by the Board.
 
5. Any professional engineer, professional land surveyor or professional business entity that uses an advertisement containing false or misleading information, including claims of superiority that cannot be substantiated, or that fails to meet the requirements set forth in this subsection shall be deemed to be engaged in professional misconduct.
 
13:40-3.4   Release of project records
 
(a) As used in this section, the term "records" whether electronic, digital or in written form, shall include, but not be limited to, any plans, reports, documents, field notes[,] or other items of work product generated for an engineering or land surveying project as contractually defined, which would be reasonably necessary to the completion of the project for which the professional engineer or professional land surveyor was originally retained.
 
(b) Originals of records shall remain in the possession of the professional engineer or professional land surveyor unless otherwise provided by statute or written contractual agreement.
 
(c) The client of a professional engineer or professional land surveyor shall be entitled to complete copies of all records, whether electronic, digital or written form, generated for the engineering and/or land surveying project within a reasonable period of time after forwarding a written request to the professional engineer or professional land surveyor and upon payment of such proportion of fees as reflect the extent of all services performed.
 
1. (No change.)
 
2. A disclaimer shall be put on said documents, which indicates that the data utilized in the documents may have changed. The disclaimer shall read as follows:
 
"This [drawing/map/plat] document reflects conditions as of (insert place, date of the original [drawing/map/plat] document) and may not show current conditions as of (insert the present date)."
 
(d) The professional engineer or professional land surveyor shall be compensated for the reasonable costs of research and reproduction for copies of records released pursuant to this [rule] section.
 
13:40-3.5   Enumeration of prohibited acts
 
(a) Misconduct in the practice of professional engineering or professional land surveying shall include, without limitation:
 
1.-6. (No change.)
 
7. Permitting or allowing any person not appropriately licensed pursuant to N.J.S.A. 45:8-27 et seq. or this chapter to act for or on behalf of the licensee as his representative, surrogate or agent while appearing before any public or private body for the purpose of rendering professional engineering or professional land [surveyor] surveying services.
 
8.-11. (No change.)
 
12. Rendering engineering or land surveying services and/or professional opinions when not qualified by training, education[,] and experience in the specific discipline of professional engineering and/or professional land surveying that is involved.
 
13.-14. (No change.)
 
SUBCHAPTER 5.    PROFESSIONAL LAND SURVEYORS; PREPARATION OF LAND SURVEYS
 
13:40-5.1   [Land] Professional land surveyors; preparation of land surveys
 
(a) (No change.)
 
(b) Prior to conducting a survey, the licensed professional land surveyor shall obtain all pertinent information and documentation in the client's possession relative to the property to be surveyed. Such information may include, but not be limited to, earlier surveys, record deeds, title reports, original tract maps, public records and State, county or municipal maps. When such information provided is not sufficient to meet the owner's needs, the surveyor shall make all reasonable efforts to obtain all information and documentation needed to render an accurate survey.
 
[page=599] (c) When a property survey is to be performed, a field survey must be made of the property in question and such field survey shall include all measurements and recording of all data as may be necessary to perform an accurate survey. The licensed professional land surveyor shall either perform the field survey or exercise sufficient supervision of the work as necessary to fulfill adequately all professional responsibilities.
 
(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 professional land surveyor or under the supervision of the licensed professional 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 and witnessed by a person other than a professional land surveyor is obtained as set forth in N.J.A.C. 13:40-5.2. The failure to obtain a waiver when corner markers are not set shall be considered professional misconduct. Any violation of this subsection shall subject the licensee to a penalty of not more than $ 2,500 for each violation.
 
1.-10. (No change.)
 
(e) A plat, also referred to as a plan of survey, shall be prepared either by the licensed professional land surveyor or under the supervision of the licensed professional land surveyor. Such plat shall show all matter relevant to a complete and clear exposition of the property.
 
(f) The items [which] that must always be shown are:
 
1.-2. (No change.)
 
3. North arrow [(with reference used)], identifying the horizontal datum of the survey (for example, NAD27, NAD83, magnetic, deed book and page, etc.) and scale;
 
4.-10. (No change.)
 
(g)-(h) (No change.)
 
(i) Upon completing the plat or plan of survey, the licensed professional land surveyor shall provide the client an agreed upon number of prints of the survey drawing. Such print copies of the plat or plan of survey shall bear the signature and impression seal of the licensed professional land surveyor. Certification by the licensed professional land surveyor may be given when requested by the client.
 
1. The licensed professional land surveyor shall also supply a description of the property surveyed when the survey is to be used for conveyancing (title transfer or mortgage). This description must be suitable for use in a deed. The description shall be by metes and bounds or by reference to a filed plan, block and lot. If a filed plan, block and lot is utilized, the entire title of the filed plan shall be set forth along with, the filed plan number and the date on which the plan was recorded in the office of the County Recording Officer. If there is any deviation from the filed plan to the completed survey, a description by filed plan, block and lot, shall not be utilized. The deed description shall be consistent with both the survey provided and the documentation upon which the survey was based and shall be written in such a manner as to define the boundary lines of real property unambiguous and sufficient for a surveyor to lay it out on the ground. This description may be reproduced on the survey plat itself or may be by separate document. If the deed description is provided on the survey plat, it must be titled "Deed Description." If a separate document is provided, the description shall be signed and sealed by the licensed professional land surveyor responsible for its preparation.
 
2. (No change.)
 
(j) No reproductions or photographic copies of a plan or survey shall be offered or issued by a licensee for use in any court, land transaction or filing in any public agency or office unless such copies shall bear the signature and impression seal of the licensed professional land surveyor.
 
(k) Tax assessment maps must be prepared by a licensed professional land surveyor, who is obligated to prepare such maps in full compliance with the legal requirements pertaining to such maps.
 
(l) Failure to comply with the provisions of this subchapter and with applicable State laws and local ordinances may subject the licensed professional land surveyor to disciplinary action.
 
(m) Subdivision plats, whether classified as major or minor, preliminary or final, shall be prepared by a licensed professional land surveyor and shall be based on a new or existing current and accurate survey of the property being subdivided.
 
1. The licensee shall provide appropriate survey information, as set forth above, to permit a subsequent licensed professional land surveyor to accurately lay out newly described lots.
 
2.-3. (No change.)
 
(n) Maps prepared to show topographic data or planimetric data, which also delineate property lines or street right-of-way lines thereon shall be prepared by a licensed professional land surveyor and shall identify the vertical datum and include reference to a benchmark on the site. Such survey information may be [transposed] transferred to construction plans or other drawings if duly noted as to the date of the survey, by whom, and for whom it was prepared.
 
13:40-5.2   Waiver of corner marker
 
(a) (No change.)
 
(b) Whenever the setting of corner markers is waived by the ultimate user, the professional land surveyor shall:
 
1. (No change.)
 
2. Review the waiver to ensure that it is properly signed by the ultimate user and witnessed by a person other than a professional land surveyor; and
 
3. (No change.)
 
(c)-(h) (No change.)
 
SUBCHAPTER 7.    PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS
 
13:40-7.2   Depiction of existing conditions on a site plan
 
(a) (No change.)
 
(b) Vegetation, general flood plain determination[,] or general location of utilities, buildings[,] or structures: By an architect, planner, engineer, land surveyor, [certified] licensed landscape architect[,] or other person acceptable to the reviewing governmental body.
 
13:40-7.3   Preparation of site plan
 
(a) (No change.)
 
(b) The locations of drives; parking layout; pedestrian circulation; and means of ingress and egress: By an architect, planner, engineer, or [certified] licensed landscape architect.
 
(c)-(h) (No change.)
 
(i) Landscaping, signs, lighting, screening or other information not specified above: By an architect, planner, engineer, [certified] licensed landscape architect[,] or other person acceptable to the reviewing governmental body.
 
(j) The general layout of a conceptual site plan for a multiple building project, showing the development elements, including their relationship to the site and immediate environs: By an architect, planner, engineer[,] or [certified] licensed landscape architect.
 
13:40-7.4   Preparation of a major subdivision plan
 
(a) The general location of facilities, site improvements[,] and lot layouts: By an architect, engineer, land surveyor, planner[,] or [certified] licensed landscape architect.
 
(b)-(c) (No change.)
 
13:40-7.5   Effect of local ordinances
 
(a) (No change.)
 
(b) No municipal or county ordinance, policy or action purporting to define the scope of professional activity of architects, engineers, land surveyors, planners[,] or [certified] licensed landscape architects in the preparation of site plans or major subdivisions shall reduce or expand the scope of professional practice recognized by the boards.
 
SUBCHAPTER 8.    SEALING AND TITLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS
 
13:40-8.1   Sealing documents
 
(a) All sealing of documents shall be done with an impression-type seal, the design of which shall be authorized by the Board and shall contain the name and license number of the professional engineer or [page=600] professional land surveyor and the legend "Licensed Professional Engineer," "Licensed Land Surveyor[,]" or "Licensed Professional Engineer and Land Surveyor," as the case may be. Alternatives, such as digital seals or rubber stamp facsimiles of the seal shall not be permitted.
 
(b) The application of a signature and seal to documents relating to the practice of professional engineering and/or professional land surveying shall indicate that the licensee has provided regular and effective supervision to those individuals performing services [which] that directly and materially affect the quality and competence of the engineering or land surveying work rendered.
 
1. (No change.)
 
(c)-(e) (No change.)
 
(f) Incomplete and/or [all] draft plans, documents and sketches, whether advanced or preliminary copies, shall be conspicuously identified and may be signed but shall not be sealed.
 
13:40-8.3   Title block contents
 
(a) The title block shall contain:
 
1.-3. (No change.)
 
4. The title "professional engineer" and/or "professional land surveyor" spelled out;
 
5.-6. (No change.)
 
(b) An appropriate title block shall be provided on a site plan, which shall be included in any set of drawings of a building project. Any plan including land surveying data must also bear the title block or identity of the professional land surveyor who performed the land surveying work.
 
(c) (No change.)
 
13:40-8.5   Title block use for professional engineer and professional land surveyor work project
 
In the event the project contains the work of both a professional engineer and a professional land surveyor, any individual licensed in both professions may use the title "professional engineer and professional land surveyor," which can be spelled out in one title block.
 
13:40-8.6   Subtitle block of independent professional
 
If a project includes the work of any other licensed professional, not under the immediate supervision of the licensee in responsible charge and not otherwise identified in accordance with N.J.A.C. 13:40-7, a subtitle block of that professional firm or individual must appear on all plans involving that profession and each professional shall sign and seal the document with clear reference to the work that he or she has performed.
 
SUBCHAPTER 10.     CERTIFICATES OF AUTHORIZATION
 
13:40-10.1   Issuance of certificates of authorization
 
(a) Upon review and approval by the Board of a completed application, the Board shall issue a certificate of authorization to a limited liability company (LLC) or a corporation, other than a professional service corporation established pursuant to the Professional Service Corporation Act, P.L. 1969, c. 232 (N.J.S.A. 14A:17-1 et seq.), if the LLC or corporation meets the following requirements:
 
1. At least one of the LLC's or corporation's officers or full-time employees is a licensed professional engineer and/or professional land surveyor in this State who shall be in responsible charge of the professional services rendered by the LLC or corporation; or
 
2. The LLC or corporation has entered into a written contract with a New Jersey licensed professional engineer or professional land surveyor pursuant to N.J.A.C. 13:40-10.3.
 
(b) In applying for a certificate of authorization, an applicant shall submit to the Board:
 
1. A completed application form designated by the Board, which shall include, at a minimum, the following:
 
i. The name and address of the LLC or corporation and its satellite offices;
 
ii. The names, addresses, license numbers and signatures of all officers, board members, directors, principals and any licensees who shall be in responsible charge of the practice of professional engineering and/or professional land surveying through the LLC or corporation;
 
iii.-v. (No change.)
 
2.-5. (No change.)
 
(c) The certificate of authorization shall designate all New Jersey licensees who are in responsible charge of the professional engineering and/or professional land surveying activities and decisions of the LLC or corporation. All final drawings, papers and documents involving the practice of professional engineering and/or professional land surveying, when issued by the LLC or corporation or filed for public record, shall be signed and sealed by the New Jersey licensee who is in responsible charge of the work.
 
(d) The LLC or corporation that has been issued a certificate of authority and its licensees who are in responsible charge of the professional engineering and/or professional land surveying activities and decisions of the LLC or corporation have a continuing duty to inform the Board within 30 days of any change in the information that was provided to the Board as required pursuant to (b) above, including a copy of each annual report filed with the Division of Revenue.
 
(e) Misrepresentation of any information provided to the Board or failure to provide updated information as required under (d) above may result in the suspension of the certificate of authority and/or may be deemed to be professional misconduct of the licensees found to be in responsible charge of the professional engineering and/or professional land surveying activities and decisions of the LLC or corporation.
 
(f) Failure by a licensee in responsible charge to render regular and effective supervision pursuant to N.J.A.C. 13:40-9.1 shall constitute professional misconduct.
 
13:40-10.2   Biennial renewal of certificates of authorization
 
(a)-(c) (No change.)
 
(d) A certificate of authorization that is not renewed within 30 days of its expiration shall be automatically suspended. An LLC or corporation, other than a professional service corporation established pursuant to the Professional Service Corporation Act, P.L. 1969, c. 232 (N.J.S.A. 14A:17-1 et seq.), that provides or advertises professional engineering and/or professional land surveying services while its certificate of authority is suspended shall be in violation of N.J.S.A. 45:8-56.
 
(e) (No change.)
 
13:40-10.3   Contract requirement
 
(a) Any business corporation or limited liability company [which] that does not have an officer or employee who is in responsible charge and is licensed as a professional engineer and/or professional land surveyor in this State and which offers or renders such services shall, prior to the offer or rendering of any such service, have a written contract with a New Jersey licensed professional engineer or licensed professional land surveyor, and have obtained a certificate of authorization pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.1. Such written contract shall clearly indicate the licensee to be in responsible charge of the engineering or land surveying services.
 
(b) A licensed professional engineer or licensed professional land surveyor rendering engineering or surveying services for a business corporation or limited liability company [which] that is required to obtain a certificate of authorization pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.1 shall not perform such services unless he or she is an officer or an employee of the corporation or has a written contract with the corporation prior to rendering professional services and is listed as being in responsible charge on the corporation's certificate of authorization.
 
(c) A licensed professional engineer or licensed professional land surveyor rendering engineering or surveying services who is listed as being in responsible charge of the engineering or surveying work on a corporation's or limited liability company's certificate of authorization shall notify the Board in writing within 30 days of any change of status regarding the individuals in responsible charge of the corporation or limited liability company. It shall be the duty of the corporation or limited liability company and the licensed professional engineer or licensed professional land surveyor listed as being in responsible charge on the certificate of authorization to provide such notification.
 
(d) (No change.)
 
[page=601] SUBCHAPTER 11.        LAND SURVEYORS; CONTINUING COMPETENCY
 
13:40-11.1   Continuing professional competency requirements; failure to comply
 
Any professional land surveyor who fails to comply with the continuing professional competency requirements set forth in this subchapter shall be subject to the penalties set forth in N.J.S.A. 45:8-35.9.
 
13:40-11.2   Definitions
 
As used in this subchapter, the following terms shall have the following meanings:
 
. . .
 
["Professional development hour" (PDH) means one contract hour of professional/technical development in seminars, conferences or workshops and is equivalent to one continuing professional competency credit as required by N.J.S.A. 45:8-35.2.]
 
"Continuing professional competency credit" means one hour of instruction.
 
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)] credits of continuing professional competency.
 
(b) A maximum of eight [PDHs] credits of continuing professional competency may be carried over into a succeeding biennial renewal period.
 
13:40-11.6   Credit calculation
 
(a) [Credit for PDHs] Continuing professional competency credits will be granted as follows for each biennial renewal period:
 
1. Successful completion of approved college level courses[;].
 
i. [Fifteen PDHs] One continuing professional competency credit for each semester hour credit awarded by the college; [or
 
ii. Ten PDHs for each quarter hour credit awarded by the college;]
 
2. Successful completion of approved continuing education courses: one [PDH] continuing professional competency credit for each contact hour of the course.
 
3. (No change.)
 
4. Active participation in and successful completion of approved seminars, in-house courses, workshops and technical programs at professional meetings and conferences: one [PDH] continuing professional competency credit for each hour of attendance at an approved course. Credit will not be granted for courses [which] that are less than one contact hour in duration. Completion of an entire course is required in order to receive any credit;
 
5. Teaching or instruction in (a)1, 2 [and] or 4 above:
 
i. Service as an instructor[,] or workshop leader: one [PDH] continuing professional competency credit for each instructional hour;
 
ii. The instructor or workshop leader will be given no credit for subsequent sessions in the same year involving substantially identical subject matter, except that after one year has elapsed the Board may give one additional [PDH] continuing professional competency credit for each instructional hour of service as an instructor or workshop leader for the initial presentation, provided the original material has been updated; and
 
iii. The maximum credit given for service as an instructor or workshop leader may not exceed 50 percent of the required [PDHs] continuing professional competency credits for any biennial renewal period;
 
6. Authoring published papers, articles or books on technical surveying subjects that contribute to the professional competence of surveyors: one [PDH] continuing professional competency credit may be requested for each hour of preparation time on a self-declaration basis, not to exceed a total of 25 percent of the biennial requirement. A copy of the publication shall be submitted to the Board with the request for credit; and
 
7. Successfully passing a land surveying examination in another jurisdiction: one [PDH] continuing professional competency credit for each hour of examination. All parts of the examination must be passed to receive credit for any part. The maximum credit given for successfully passing a land surveying examination in another jurisdiction may not exceed three [PDHs] continuing professional competency credits for each biennial renewal period.
 
13:40-11.7   Reporting and documenting of [PDHs] continuing professional competency credits
 
(a) At the time of application for biennial professional land surveyor license renewal, licensees shall provide, on forms approved by the Board, a signed statement certifying that the required number of [PDHs] continuing professional competency credits [has] have been completed. The statement shall include, where applicable, the following:
 
1. (No change.)
 
2. [PDHs] Continuing professional competency credits claimed;
 
3.-6. (No change.)
 
(b) Licensees shall maintain all evidence, as set forth in (e) below, of completion of [PDH] continuing professional competency credit requirements for two biennial periods after completion and shall submit such documentation to the Board upon request.
 
(c)-(e) (No change.)
 
13:40-11.8   Waiver of continuing professional competency requirement
 
(a)-(c) (No change.)
 
(d) A new licensee by way of comity shall be responsible at the first biennial renewal for one [PDH] continuing professional competency credit for each month since the New Jersey license was issued.
 
(e) (No change.)
 
13:40-11.9   License restoration
 
The failure on the part of a licensee to renew his or her biennial certificate as required shall not relieve such person of the responsibility to maintain professional competence. At the time of application for restoration, the licensee shall submit satisfactory proof to the Board that he or she has successfully completed all delinquent [PDHs] continuing professional competency credits. If the total credits required to become current exceeds 30, then 30 shall be the maximum number required. However, an additional 24 [PDHs] continuing professional competency credits will still be required at the next biennial renewal.
 
13:40-11.10   Out-of-jurisdiction resident
 
Licensees who are residents of jurisdictions other than New Jersey must meet the continuing professional competency requirements for their resident jurisdiction. The requirements for New Jersey will be deemed as satisfied when a licensee provides evidence as having met the requirements of his or her resident jurisdiction, provided the requirements are not less than 24 [PDHs] continuing professional competency credits per biennial renewal period. If the licensee resides in a jurisdiction that has no continuing professional competency requirements, the licensee must meet the requirements of New Jersey.
 
13:40-11.12   Responsibilities of program providers
 
(a) Program providers shall:
 
1.-2. (No change.)
 
3. Disclose in advance to prospective participants, the course objectives, prerequisites, experience level, content, required advanced preparation, teaching method[,] and number of [PDH] continuing professional competency credits or contact hours involved in the program;
 
4.-10. (No change.)
 
SUBCHAPTER 12.     RETIRED LICENSE AND NO-FEE RETIRED LICENSE STATUS
 
13:40-12.1   Eligibility requirements
 
(a) A licensed professional engineer or professional land surveyor who has been licensed for a minimum of 25 years and is at least 62 years of age may apply to the Board for status as a retired licensee or a no-fee retired licensee.
 
(b) A licensee who obtains retired license status or no-fee retired license status shall not offer or practice professional engineering or professional land surveying within the State.
 
[page=602] 13:40-12.4    Resumption of practice
 
(a) A professional engineer or professional land surveyor holding retired license status or no-fee retired license status who wishes to resume the practice of professional engineering or professional land surveying shall forward the following to the Board:
 
1.-2. (No change.)
 
3. For a professional engineer or professional land surveyor who has been on the retired status list for five or more years, satisfactory evidence of current knowledge, competency and skill in the practice of professional engineering or professional land surveying as follows:
 
i. Each retired [professional engineer] licensee shall provide information on the resumption of practice application regarding current knowledge, competency[,] and skill. The Board shall review the information submitted by the applicant and determine if the applicant has demonstrated the ability to practice [engineering] in such a way, so as to insure the safety of life, health[,] and property.
 
ii. Each retired professional land surveyor seeking to resume practice shall furnish proof of completion of a minimum of 24 [PDHs] continuing professional competency credits earned within two years prior to the application for the resumption of practice.
 
(b) (No change.)
 
SUBCHAPTER 15.     HOME INSPECTION ADVISORY COMMITTEE
 
13:40-15.1   Purpose; scope; applicability
 
(a)-(b) (No change.)
 
(c) No person shall perform or hold oneself out as permitted to perform a home inspection nor represent or call oneself a home inspector unless licensed pursuant to N.J.A.C. 13:40-[15.5 or] 15.6.
 
(d) This subchapter shall not apply to:
 
1.-6. (No change.)
 
7. Any person performing home inspections in the presence of and under the [on-site] direct supervision of a licensed home inspector for the purpose of meeting the [associate home inspector] training requirements of N.J.A.C. 13:40-[15.5(a)4]15.6(a)4.
 
13:40-15.2   Definitions
 
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
 
. . .
 
"Direct[, on-site] supervision" means that a licensed home inspector is physically present at and monitors the entire home inspection and prepares and signs the home inspection report.
 
. . .
 
"Home inspection training report" means a written report prepared by a trainee pursuant to N.J.A.C. 13:40-[15.5(a)4]15.6(b), which:
 
1.-5. (No change.)
 
. . .
 
"Trainee" means any person who performs a home inspection in the presence of and under the direct[, on-site] supervision of a licensed home inspector pursuant to the provisions of N.J.A.C. 13:40-[15.5]15.6 and N.J.S.A. 45:8-68c(2).
 
13:40-15.4   [Requirements for initial licensure as home inspector (grandfathering)] (Reserved)
 
[(a) Pursuant to N.J.S.A. 45:8-72, by December 30, 2005, persons may apply for licensure as a home inspector by completing and submitting to the Committee an application which will require information that the applicant:
 
1. Is of good moral character;
 
2. Has successfully completed high school or its equivalent;
 
3. Has, as of December 31, 1999, passed the examination offered by the American Society of Home Inspectors (ASHI) or has, since January 1, 2000, passed the National Home Inspection Examination Administered by the Examination Board of Professional Home Inspectors (EBPHI);
 
4. Has performed home inspections as defined in N.J.A.C. 13:40-15.2 on or before December 30, 2005, in either of the following numbers:
 
i. 400; or
 
ii. 300 for at least three years preceding December 30, 2005.
 
5. Maintains an error and omissions insurance policy in the minimum amount of $ 500,000 per occurrence.
 
(b) An applicant for licensure under this section shall:
 
1. Pay an application fee as set forth in N.J.A.C. 13:40-15.23;
 
2. Submit copies of income tax returns, business incorporation papers or similar documentation to verify that the applicant was in the business of performing home inspections for at least three years prior to December 30, 2005; and
 
3. Submit a list of the home inspections completed for compensation as required pursuant to (a)5 above by December 30, 2005.
 
(c) The Committee shall randomly audit applications to verify that applicants for licensure as a home inspector under this section performed the home inspections as required by (a)5 above. Applicants that are audited shall submit copies of home inspection reports as requested by the Committee.
 
(d) Pursuant to N.J.S.A. 45:1-21 and N.J.A.C. 13:40-15.20, the Committee may deny, refuse to renew, temporarily suspend or revoke a license, or impose a civil penalty, upon proof that an applicant has obtained a license under this section through fraud, deception or misrepresentation.]
 
13:40-15.6   Requirements for initial licensure as home inspector
 
(a) An applicant for licensure as a home inspector shall complete and submit to the Committee an application [which] that will require information that the applicant:
 
1.-3. (No change.)
 
4. Has performed at least 250 home inspections as defined in N.J.A.C. 13:40-15.2 for which the client was charged a fee. The inspections shall be performed in the presence of and under the direct supervision of a New Jersey licensed home inspector who [oversees] possesses a current and active license, has performed at least 500 home inspections and has at least three years of experience. The inspector must oversee and take[s] full responsibility for the inspection and any report produced by monitoring the progress of the trainee and ensuring compliance with the home inspection training reports requirements;
 
5. Has submitted a list of the 250 inspections performed under (a)4 above, if an applicant is seeking licensure under that paragraph;
 
[5.] 6. Shall secure and maintain an errors and omissions insurance policy in the minimum amount of $ 500,000 per occurrence; [and]
 
7. Has passed the Home Inspector Examination, administered by the Examination Board of Professional Home Inspectors (EBPHI); and
 
[6.] 8. (No change in text.)
 
(b)-(c) (No change.)
 
13:40-15.8   Insurance requirement
 
(a) All licensed home inspectors [and] engaged in the profession of home inspection shall maintain an errors and omissions insurance policy in the minimum amount of $ 500,000 per occurrence and file proof of the policy with the Committee.
 
(b)-(c) (No change.)
 
13:40-15.11   Change of license status: inactive to active
 
(a) A licensee, upon application to the Committee, may change from inactive to active status upon payment of the renewal fee as set forth in N.J.A.C. 13:40-15.23 and submission of evidence of having completed the following:
 
1. (No change.)
 
2. Sixty units of Committee-approved continuing education within the [three year] three-year period immediately preceding the application for reinstatement [or the course of study as required by N.J.A.C. 13:40-15.5(a)3 within one year immediately preceding the application for reinstatement] if the license has been inactive for a period of more than two and less than five years; or
 
3. [The course of study as required by N.J.A.C. 13:40-15.5(a)3 within one year] Twenty units of Committee-approved continuing education per year to a maximum of 120 units of Committee-approved continuing education within the three-year period immediately preceding the application for reinstatement if the license has been inactive for a period of five or more years.
 
[page=603] 13:40-15.12  Reinstatement of suspended license
 
(a)-(b) (No change.)
 
(c) An applicant who has been practicing as a home inspector in any manner described in (a)1 or 2 above during the period the license was suspended in this State shall submit proof that he or she has completed a minimum of 40 Committee-approved continuing education units pursuant to N.J.A.C. 13:40-[15.13]15.14 in the [two year] two-year period immediately prior to application for reinstatement.
 
(d) An applicant who has not practiced as a home inspector during the period the license was suspended in this State shall meet the following requirements as a condition of reinstatement:
 
1. (No change.)
 
2. An individual whose license has been suspended for a period of more than two and less than five years shall complete 60 units of Committee-approved continuing education within the [three year] three-year period immediately preceding reinstatement [or successfully complete the course of study as required by N.J.A.C. 13:40-15.5(a)3 within one year immediately preceding reinstatement];or
 
3. An individual whose license has been suspended for a period of five or more years shall [retake] complete 20 units of Committee-approved continuing education per year to a maximum of 120 units of Committee-approved continuing education within the three-year period immediately preceding reinstatement and take and pass the Home Inspector Examination administered by the Examination Board of Professional Home Inspectors (EBPHI) prior to reinstatement.
 
(e) (No change.)
 
13:40-15.14   Continuing education requirements
 
(a) (No change.)
 
(b) Continuing education unit requirements for biennial license renewal are as follows:
 
1. Each home inspector shall be required to complete during the preceding biennial period a minimum of 40 units of continuing education in courses and programs as provided in (c) and (d) below. Beginning with the 2011 biennial period, each home inspector shall complete a minimum of three units on report writing, three units on ethics and three units on the rules governing the practice of home inspection, as part of the required 40 units of continuing education.
 
2. (No change.)
 
3. A licensee who completes more than the minimum continuing education units, as set forth in (b)1 above, in any biennial registration period may [carryover] carry over no more than 10 of the additional units into [a] the succeeding biennial period, but only if the units were earned in the last six months of the preceding biennial period.
 
4.-5. (No change.)
 
(c) A licensee may obtain continuing education units from the following:
 
1.-4. (No change.)
 
5. Direct, [on-site] supervision of [associate home inspectors and/or] trainees during home inspections used for training purposes. To qualify for continuing education credit, a home inspection used for training purposes shall require at least one hour to complete and shall not be attended by more than [two associate home inspectors and/or] one trainee[s in the aggregate].
 
(d) Credit for continuing education shall be granted as follows for each biennial registration period:
 
1.-6. (No change.)
 
7. Direct, [on-site] supervision of [associate home inspectors and/or] trainees during training home inspections pursuant to (c)5 above: one continuing education unit per home inspection used for training purposes to a maximum of 16 units per biennial registration period.
 
(e)-(i) (No change.)
 
13:40-15.15   Pre-inspection agreements
 
(a)-(b) (No change.)
 
(c) The pre-inspection agreement shall indicate whether the home inspector will return at a later date to inspect any systems or components [which] that are not inspected because of unforeseen circumstances or weather conditions at the initial home inspection and whether any additional fee will be charged for such subsequent inspection, and the amount of such fee, if any.
 
(d) (No change.)
 
13:40-15.16   Standards of practice
 
(a)-(i) (No change.)
 
(j) When inspecting the heating system, a home inspector shall:
 
1. Inspect:
 
i.-iii. (No change.)
 
iv. Visible and accessible portions of the heat exchanger[, removing the flame roll-out shield if applicable]; and
 
2. (No change.)
 
(k)-(m) (No change.)
 
(n) When inspecting fireplaces and solid fuel burning appliances, a home inspector shall:
 
1. (No change.)
 
2. Describe:
 
i.-ii. (No change.)
 
iii. Visible evidence of improper draft characteristics.
 
13:40-15.18   Advertising; identification of licensee
 
(a)-(b) (No change.)
 
(c) All advertising by a home inspector, other than the advertising referred to in (b) above, shall include:
 
1. (No change.)
 
2. The words "Home Inspector License Number" or "Home Inspector Lic. #," followed by the license number of the home inspector, which may be either the entire "GI" number (for example, 24GI000xxx00 or 24GI00XXXX00) or "GI" followed by the licensee's three- or four-digit license number (for example, GIxxx or GIxxxx); and
 
3. (No change.)
 
(d) All advertising records shall be retained for a period of [five] one year[s] from the date of the advertisement.
 
(e) (No change.)
 
(f) All commercial vehicles used by a home inspector shall be marked on both sides with the following information:
 
1. (No change.)
 
2. The words "Home Inspector License Number" or "Home Inspector Lic. #," followed by the license number of the home inspector, which may be either the entire "GI" number (for example, 24GI000xxx00 or 24GI00XXXX00) or "GI" followed by the licensee's three- or four-digit license number (for example, GIxxx or GIxxxx) in lettering at least one inch in height; and
 
3. (No change.)
 
[(g) All home inspectors who utilize a non-commercial vehicle during the performance of a home inspection shall display on the dashboard of the vehicle a placard issued by the Division which contains the name of the inspector, the inspector's license number and the name of the home inspection business.]
 
[(h)] (g) All business correspondence and stationery, such as letterhead, business cards, pre-inspection agreements[,] and home inspection reports, of a home inspector shall display:
 
1. (No change.)
 
2. The words "Home Inspector License Number" or "Home Inspector Lic. #," followed by the license number of the home inspector, which may be either the entire "GI" number (for example, 24GI000xxx00 or 24GI00XXXX00) or "GI" followed by the licensee's three- or four-digit license number (for example, GIxxx or GIxxxx); and
 
3. (No change.)
 
13:40-15.24   [Issuance of home inspector license based on associate home inspector license or experience] (Reserved)
 
[(a) By April 26, 2006, persons holding an associate home inspector's license before April 26, 2006, may apply for licensure as a home inspector by completing and submitting to the Committee an application showing that the associate home inspector:
 
1. Had been engaged in the practice of home inspections for compensation for at least three years prior to December 30, 2005 and had performed at least 300 home inspections for compensation prior to December 30, 2005; or
 
2. Had performed at least 400 home inspections for compensation prior to December 30, 2005.
 
[page=604] (b) Upon application submitted by April 26, 2006, the Committee shall issue a home inspector license to any person who:
 
1. Has submitted an application for an associate home inspector license that has been approved by the Committee before December 30, 2005; or
 
2. Has satisfied the requirements of N.J.S.A. 45:8-69 and N.J.A.C. 13:40-15.5 and has completed not less than 40 hours of unpaid field-based inspections in the presence of and under the direct supervision of a licensed home inspector before December 30, 2005.]

   
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