Section 7209. Special provisions

1. Every professional engineer and every
  land surveyor shall have a seal, approved  by  the  board,  which  shall
  contain  the  name  of the professional engineer and the words "Licensed
  Professional Engineer" or the name of the land surveyor  and  the  words
  "Licensed  Land  Surveyor"  and such other words or figures as the board
  may  deem  necessary.  All  plans,  specifications,  plats  and  reports
  relating  to  the  construction or alteration of buildings or structures
  prepared by such professional engineer and  all  plans,  specifications,
  plats  and  reports  prepared by such land surveyor or by a full-time or
  part-time subordinate under his supervision, shall be stamped with  such
  seal  and  shall  also  be  signed,  on  the  original with the personal
  signature of such professional engineer or land surveyor when filed with
  public officials. No official of this state, or  of  any  city,  county,
  town   or  village  therein,  charged  with  the  enforcement  of  laws,
  ordinances  or  regulations  shall  accept  or  approve  any  plans   or
  specifications that are not stamped:
    a.  With  the  seal  of  an architect or professional engineer or land
  surveyor licensed in this state and bearing the authorized facsimile  of
  the  signature  of  such  architect  or  professional  engineer  or land
  surveyor, or
    b. With the official seal and authorized facsimile of the signature of
  a professional engineer or land surveyor not a resident  of  this  state
  and  having  no  established  business in this state, but who is legally
  qualified to practice as such in his own state or country, provided that
  such person may lawfully practice as such in this  state,  and  provided
  further  that  the  plans  or specifications are accompanied by and have
  attached  thereto  written  authorization  issued  by   the   department
  certifying to such right to practice at such time.
    2.  To  all plans, specifications, plats and reports to which the seal
  of a professional engineer or land  surveyor  has  been  applied,  there
  shall  also  be applied a stamp with appropriate wording warning that it
  is a violation of this law for any person, unless he is acting under the
  direction of a licensed professional engineer or land surveyor, to alter
  an item in any way. If an item bearing the seal of an engineer  or  land
  surveyor  is altered, the altering engineer or land surveyor shall affix
  to the item his seal and the  notation  "altered  by"  followed  by  his
  signature and the date of such alteration, and a specific description of
  the alteration.
    3.  No county, city, town or village or other political subdivision of
  this state shall engage in the construction or maintenance of any public
  work  involving  engineering  or  land  surveying   for   which   plans,
  specifications and estimates have not been made by, and the construction
  and maintenance supervised by, a professional engineer or land surveyor;
  provided  that  this  section  shall  not  apply  to  the  construction,
  improvement or maintenance of county roads or town highways, nor to  any
  other   public  works  wherein  the  contemplated  expenditure  for  the
  completed project does not exceed five thousand  dollars.  This  section
  shall not be construed as affecting or preventing any county, city, town
  or village or other political subdivision of this state from engaging an
  architect   licensed  in  this  state  for  the  preparation  of  plans,
  specifications and estimates for and the supervision of construction  or
  maintenance of public works.
    4. Engineers, land surveyors, architects, and landscape architects may
  join  in  the  formation  of  a  joint enterprise, or a partnership or a
  professional service corporation or may form any desired combination  of
  such  professions  and may use in the name of such corporation the title
  of any of the professions which will be practiced.  After  the  name  of
  each member his profession shall be indicated.

    5.  A  firm name may be continued by employees having at least fifteen
  years  of  continuous  service  if  the  retired   members   and   legal
  representatives of deceased members consent to such continuance.
    6.  It  shall be lawful for a corporation organized and existing under
  the laws of the state of New York which on the fifteenth day  of  April,
  nineteen  hundred  thirty-five and continuously thereafter, was lawfully
  practicing engineering or land surveying in New York state, to  continue
  such  practice  provided  that  the  chief  executive officer shall be a
  professional  engineer  licensed  under  this  article,  if   practicing
  engineering,  or  a  land  surveyor  licensed  under  this  article,  if
  practicing land surveying, and  provided  further  that  the  person  or
  persons  carrying  on the actual practice of engineering or surveying on
  behalf of, or designated as "engineer" or "surveyor",  with  or  without
  qualifying   or  characterizing  word,  by  such  corporation  shall  be
  authorized to practice engineering or land surveying as provided in this
  article. It shall be lawful for a corporation which, on account of or as
  a result of requirements, restrictions or provisions of federal law, was
  organized subsequent to April fifteenth,  nineteen  hundred  thirty-five
  for  the  purpose  of  taking  over an existing engineering organization
  established  prior  to  such  time  and  which  has  taken   over   such
  organization and continued its engineering activities, provided that the
  chief  executive  officer  of  such  corporation shall be a professional
  engineer licensed under this article  and  provided  further,  that  the
  person  or  persons  carrying  on  the actual practice of engineering on
  behalf of, or designated as "engineer", with or  without  qualifying  or
  characterizing  word,  by  such  corporation,  shall  be  authorized  to
  practice engineering as provided in this article.  No  such  corporation
  shall  change  its  name or sell its franchise or transfer its corporate
  rights, directly or  indirectly  to  any  person,  firm  or  corporation
  without  the  consent  of  the  department.  Each such corporation shall
  obtain a triennial registration on payment of a fee of fifty dollars.
    7. Nothing in this article shall be construed to apply:
    a. To the preparation or execution  of  designs,  drawings,  plans  or
  specifications  for  the  construction  or installation of machinery, or
  apparatus constructed or installed by  the  corporation  preparing  such
  designs,  drawings,  plans  or  specifications if the supervision of the
  preparation of any such  designs,  drawings,  plans  or  specifications,
  construction  or  installation  is done under the general direction of a
  professional engineer or land surveyor licensed under this article; or
    b. To alterations to any building or structure  costing  ten  thousand
  dollars  or  less  which do not involve changes affecting the structural
  safety or public safety thereof nor to farm buildings, including  barns,
  sheds,  poultry  houses and other buildings used directly and solely for
  agricultural purposes; nor to residence buildings of gross floor area of
  fifteen hundred square feet or less, not  including  garages,  carports,
  porches, cellars, or uninhabitable basements or attics.
    8.  Nothing in this article shall prohibit a corporation organized and
  existing  prior  to  the  fifteenth  day  of  April,  nineteen   hundred
  thirty-five  under  the  laws  of  any state other than the state of New
  York, the name of which includes the word "engineers", from obtaining  a
  certificate  of  authority  to  do  business  in  the state of New York,
  provided that the business proposed  to  be  done  by  such  corporation
  within  this  state,  as  set  forth  in  the  statement and designation
  provided  for  by  section  thirteen  hundred  four  of   the   business
  corporation  law,  shall  not  include the practice within this state of
  engineering or land surveying.
    9. a. Any person who knowingly damages, destroys,  disturbs,  removes,
  resets, or replaces any boundary marker placed on any tract of land by a

  licensed  land surveyor, or by any person at the direction of a licensed
  land surveyor, for the purpose of designating any point, course or  line
  in  the  boundary  of such tract of land in which he or she has no legal
  interest,  shall  be  punished  by  a  civil  fine of not more than five
  hundred dollars and shall be liable for the cost of  reestablishment  of
  said boundary marker.
    b.  Notwithstanding the provisions of paragraph a of this subdivision,
  a licensed land surveyor  licensed  under  section  seventy-two  hundred
  three  of  this  article or a person acting at the direction of any such
  licensed land surveyor, may remove an existing marker if substandard  in
  nature  in  order  to  place an upgraded marker in the same location and
  shall note the same on the map of survey.