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10/23/06 Fax to Stephen B. Nolan, Acting Director, Div. of Consumer Affairs Re: "Consent Order; Voluntary Surrender of License in Lieu of Revocation" by Michelle Albertson DAG 10/18/06 Refs:
Dear Mr. Nolan: I have been a licensed professional engineer in both N.Y. and NJ approximately 40 years and am still active at age 79. In addition to my "Swimming Pool Site/Grading Plans", I am required to review many other matters such as questions raised by municipal engineers concerning the installation of in-ground swimming pools. I review swimming pool plans to insure that they meet ANSI/NSPI -5 "American National Standard for Residential In-Ground Swimming Pool. I am a forensic engineer and am a world recognized expert on measuring the slip resistance of flooring and footwear (See www.voicesofsafety.com …"SCOF Testing" and "Slip/Fall Standards". All of these activities have required my being a competent professional engineer that puts the health and safety of my clients ahead of any personal gain. I am accused of actions that are either not in the original complaint (05-30 Bidas) or were untrue (05-39 Faraldi). The latter complaint should have been dismissed immediately since Mr. Faraldi, a former Board member, accuses me of measuring the existing topography when in fact I hired a professional land surveyor because the town of Wayne accepts the Boards incorrect interpretation of NJSA 45:8 -28(e). Refs. 1 and 2 provide proof of my allegations concerning the Boards incorrect basis for attempting to revoke my license. Refs. 3 and 4 prove that N.Y supports my right to measure the existing topography required for my engineering projects and the New York Society of Professional Engineers (NYSPE) defend this right. During November, 2005 the Board listened to presentations by the NJ Land Surveyor’s and NJ Professional Engineers Societies. Joe Simonetta, Executive Director NJSPE, NJSPE Counsel Larry Powers, Bernie Berson, P.E., stated why professional engineers are required to measure the existing topography their engineering projects. Mr. Berson stated that large engineering firms, that hire land surveyors, will use their surveyor to measure the existing topography however small engineering firms, such as myself, should be permitted to measure the existing topography for their engineering projects. Two bills were introduced in the NJ Assembly to add a redundant word (establishing) to NJSA 45:8-28(e) as follows: "Nothing in this chapter shall preclude a person licensed by the Board as a professional engineer from performing those measurements necessary for the design, construction stake-out, construction and post construction records of an engineering project provided that these measurements are not related to (establishing) property lines, lot lines, easement lines, or right-of-way lines, the establishment of which are required to be made by a land surveyor." Simply stated: land surveyors have the sole right to provide a boundary survey. Either Professional Engineers or land surveyors may measure the existing topography required for engineering projects. This proves that most municipal engineers, who correctly interpret this law (ref. 2) permit me to measure the existing topography required for my engineering projects. The three ref. 2 towns, who accept the Board’s interpretation, require me to hire a professional land surveyor to measure the existing topography for my engineering projects. Ref. 1 (ref 4) lists the four attorneys who also disagree with the Boards interpretation of the subject law. As an attorney please state whether you agree with the interpretation of these four attorneys and myself. Please review the references included with this fax as proof that the subject consent order should be dismissed and the subject complaints denied. Sincerely,
Cc: Arthur Russo, Executive Director Board of PE/LS Arthur Schwartz, NJSPE Vice President & Counsel John Rhodes, P.E. President, NJSPE Richard Olsen, P.E. Secretary, N. Central Chapter NJSPE
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