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10/27/05 Fax to: Joseph Grabowy, Assistant Director, Board of Professional Engineers & Land Surveyors Re: NCEES Model Law…Basis for Reversal of Decision on Complaint 04-10; 11/03 Meeting Input Refs:
Dear Mr. Grabowy: Please provide this letter to all Board members prior to the subject meeting when Larry Powers, esq.will represent the NJSPE requesting that the Board revise its current interpretation of NJSA 45:8-28(e). The Board, in the subject complaint , has prohibited me from measuring the existing topography required for my engineering projects. A copy of ref. 1 , enclosed, includes the following key statement: "Becoming involved in the N.C.E.E.S is quite critical for member boards in order for them to keep current with the requirements for licensing engineers and land surveyors". Ref. 2, par. 5 "Practice of Engineering" states: "Engineering surveys include all survey activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, rights of way, easements, and the dependent or independent surveys or resurveys of the public land survey system". Ref. 3 adds a single redundant word, "establishing", to NJSA 45:8-28(e) that states: "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." The correct interpretation of the subject law, that agrees with the NCEES "Model Law", is: "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 . Land surveyors are solely responsible for establishing lot, easement, or right-of-way lines" Based on the requirement of the Board to follow the NCEES "Model Law", and the correct interpretation of NJSA 45:8-28(e) as specified in the two sentence clarification of the present poorly written law I request that the Board reverse its decision on complaint 04-10. Sincerely,
Cc: Joe Simonetta, Executive Director NJSPE, Larry Powers,esq. Counsel for NJSPE Chuck Lee, Legislative Chairman , NJSPE Richard Olson, Secretary North Central Chapter, NJSPE |
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