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NJ Administrative Code Updates

Thursday, April 9, 2020   (0 Comments)
Posted by: Rona Goldberg
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New Jersey Administrative Code Updates

The State after years of discussion and review has published revisions to the Administrative Code that governs the licensure and practice of Surveying and Engineering. The two professions are different. Changes to each are NOT identical.

Every five years the Division of Consumer Affairs is required to examine the Code and request recertification under provisions referred to as Sunsetting. Any revisions that are to be proposed are best presented at the time of sunset, since the Code is already under a daunting State review process at that time. The process requires significant lead time. As a result of this some revisions have been long awaited by the professional community.

While the State has not yet incorporated these revisions into the Code that is published on the Board Website, the changes are in full effect at this time. For a thorough understanding of the changes, review the entire document including the justifications that have been presented. A list of bullet points were extracted by NJSPLS to pique your interest in the changes, read the entire document. NJSPLS suggests that this is a good time to refamiliarize yourself with the entire Code.

Attached is the proposed rule change that was published in The Register on January 7, 2019. The rules were adopted on January 6, 2020. The adoption can be found here:

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=e196a872-c6dc-42f1-afea-b498595a408e&nodeid=AABAADAACAAEAAFAAC&nodepath=%2FROOT%2FAAB%2FAABAAD%2FAABAADAAC%2FAABAADAACAAE%2FAABAADAACAAEAAF%2FAABAADAACAAEAAFAAC&level=6&haschildren=&populated=false&title=52+N.J.R.+46(a)&config=025154JABiMmFjYzAxMy1hNjIyLTQ0YTctOTY0NS1iOGNlMTRiYzBkNGQKAFBvZENhdGFsb2flnvGwky16hNN9rcMfcun6&pddocfullpath=%2Fshared%2Fdocument%2Fadministrative-codes%2Furn%3AcontentItem%3A5XV1-W8B1-JNJT-B0R3-00008-00&ecomp=t58_kkk&prid=4d7c7bd7-b9d4-41dc-b8f1-dc2b9c97ca74

The new rules are posted on LexisNexis and can be found here (enter land surveying in the Search box to jump to the applicable section):

https://advance.lexis.com/container?config=00JABkMGM5YTkyOS1lZWRkLTRmMTktOTAxMS03YzU0MTU1ZWY0OWYKAFBvZENhdGFsb2deD7LQBBLcCbuY7q4FNupa&crid=dcc8c130-9792-4db1-887f-7ecc266224bb

NJSPLS reviewed the documents and found no material difference between the rule proposal and adoption.

Here are highlights of some of the changes:

Licensure Requirements and Application Process (entire section);
CAD files are now defined as records and are included within the “Release of Records” requirements.
A licensee may not receive compensation for referring work to a specific licensee;
A metes and bounds must be prepared for an anticipated title transfer (sale, mortgage, or creation of an easement)
The new Code notes that the requirements of a metes and bounds descriptions may not be waived when a transfer of title is anticipated (sale, mortgage, easement)
The creation of an easement is named as the transfer of title, clarifying the requirement that of the preparation of a metes and bounds description;
Only a surveyor may prepare and/or maintain a tax map.
References to the Map Filing Law are corrected to the Recordation Act.
The new Code clarifies that hydrographic and bathymetric along with topographic an planimetric mapping must be prepared by a licensed professional land surveyor.
Only a professional land surveyor may certify existing flood elevations.
Digital signatures an seals are now permitted, but they must meet specific requirements.
Reliance on a tax map for determining or describing property boundaries is prohibited, more specific documentation s required;
Full name of licensee or firm must appear on property marker cap/disk/etc.;
Location and width of travelled ways within adjoining streets must appear on a survey;
Monumentation must be provided for subdivisions, major or minor, that would allow a subsequent surveyor to accurately layout the new lines;
Maps prepared to show hydrographic, bathymetric, topographic, or planimetric data shall be prepared by a land surveyor whether or not the map delineates or depicts property or street boundaries;
Licensee shall not place his/her title block on any drawing or document that contains the title block of an individual, firm or corporation that is not authorized to practice engineering or land surveying:
Supervision of subordinates under engineers was modified, under surveyors remain substantially the same.

Thank you to NJSPLS member David Avery, PLS for highlighting these revisions.