Section 7208. Exempt persons  


Latest version.
  • This article shall not be construed to affect
      or  prevent  the following, provided that no title, sign, card or device
      shall be used in such manner as to tend to convey  the  impression  that
      the  person  rendering such service is a professional engineer or a land
      surveyor licensed in this state or is  practicing  engineering  or  land
      surveying:
        a.  Offering  to  practice in this state as a professional engineer or
      land surveyor by any person not a resident of, and having no established
      place of practice in this state, provided that such  person  is  legally
      qualified for such practice in his own state or country;
        b.  Practice as a professional engineer or land surveyor in this state
      by any person not a resident, or having no established place of practice
      in this state, or any person resident in this state but who has  arrived
      in  this state within six months, provided, however, such a person shall
      have filed an application for license as a professional engineer or land
      surveyor, and is legally qualified for such practice  in  the  state  or
      country  in which he resides or has his place of practice or in which he
      had  his  previous  residence  or  place  of  practice,  such  exemption
      continuing  for only such reasonable time as the board requires to grant
      or deny the application for license, and a person intending to  practice
      under this subdivision shall so state on the application;
        c.  Practice  of  engineering  or  land surveying, by an employee of a
      county or town, in the construction, improvement  or  maintenance  of  a
      county  road  or town highway, or by an employee of a county, city, town
      or village, in the  construction,  improvement  or  maintenance  of  any
      public  work  wherein  the  contemplated  expenditure  for the completed
      project does not exceed five thousand dollars;
        d. Operation or maintenance of steam, power, or  refrigeration  plants
      by legally authorized persons not licensed under this article or persons
      engaged  or  employed as an engine man, operator or driver of any engine
      or of any mechanical, electrical, chemical or other device or machine;
        e. Making of  surveys  by  professional  engineers,  except  that  the
      determination of real property boundaries may be done only by a licensed
      land surveyor;
        f.  Employment or supervision of interns or other persons qualified by
      education or experience by professional engineers or land  surveyors  as
      assistants  in  the  performance of engineering or land surveying, or as
      consultants or employees in special fields related to but  not  uniquely
      engineering  or  land  surveying,  provided  that  the engineers or land
      surveyors employing or supervising such persons shall not be relieved of
      any  responsibility  whatsoever  by  delegation  to  such  persons,  and
      provided  further  that  such  persons  who have attained the bachelor's
      level  of  studies  in  accordance  with  the  requirements  of  section
      seventy-two  hundred  six  of  this  title  may be employed as junior or
      assistant engineers or junior or assistant land  surveyors,  or  similar
      titles, to act under the general direction of a professional engineer or
      land surveyor, or in work not covered by this article;
        g.  Employment  of  any  person  as  a junior or assistant engineer or
      junior or assistant land surveyor in the civil service of the  state  or
      its political subdivisions in a position the title of which was approved
      and in use as of July first, nineteen hundred seventy-one, provided such
      person  acts  under  the  general  direction  of a licensed professional
      engineer or land surveyor;
        h. Execution by a contractor or  by  others  of  work  designed  by  a
      professional  engineer, or land surveyor, or the superintendence of such
      work as a superintendent, foreman, or inspector;
        i. The practice of architecture  by  an  architect  licensed  in  this
      state,  or  the  practice  of  landscape  architecture  by  a  landscape
    
      architect licensed in this state, provided that  no  such  architect  or
      landscape   architect   shall   use   the   designation   "engineer"  or
      "engineering" unless licensed as a professional engineer in this state;
        j.  The  practice of engineering or land surveying or having the title
      "engineer" or "surveyor" solely as  an  officer  or  an  employee  of  a
      corporation engaged in interstate commerce;
        k.  The  practice  of engineering by a manufacturing corporation or by
      employees of such corporation, or use of the title  "engineer"  by  such
      employees,  in  connection  with  or incidental to goods produced by, or
      sold by, or nonengineering services rendered by, such corporation or its
      manufacturing affiliates;
        l. The practice of engineering or land surveying, or using  the  title
      "engineer"  or  "surveyor"  exclusively  as  an officer or employee of a
      public  service  corporation  by  rendering  to  such  corporation  such
      services  in connection with its lines and property which are subject to
      supervision with respect to the  safety  and  security  thereof  by  the
      public  service  commission  of  this  state,  the  interstate  commerce
      commission or other federal regulatory body and so long as  such  person
      is thus actually and exclusively employed and no longer;
        m.  The  making  of land surveys by a professional engineer where such
      land surveys are essential to  engineering  projects,  provided  he  was
      licensed as a professional engineer in this state on or before the first
      day  of  January  in  the  year in which this act shall become a law and
      files evidence satisfactory to the board on or before the first  day  of
      July  in  the year next succeeding the year in which this act shall have
      become law, that he is competent and experienced in such land surveys;
        n. The design by a land surveyor of roads, drainage, water  supply  or
      sanitary  sewerage  facilities  of  a  minor  nature  in connection with
      subdivisions and the extension and inspection thereof, but not including
      sewage disposal or treatment plants, lift  stations,  pumping  stations,
      commercial buildings or bridges, provided the surveyor was licensed as a
      land surveyor in this state on or before the first day of January in the
      year  in  which  this  act  shall  have  become a law and files evidence
      satisfactory to the board on or before the first day of July in the year
      next succeeding the year in which this act  shall  have  become  a  law,
      attesting  that  he  is  competent  and  experienced  in the engineering
      required for design of such facilities appurtenant to subdivisions; or
        o. Using the title "marine operating engineer", "stationary engineer",
      "port of customs surveyor", or "ship surveyor".
        p. Contractors or builders from engaging  in  construction  management
      and administration of construction contracts.