N.J. Admin. Code § 13:40-3.2

Current through Register Vol. 56, No. 16, August 19, 2024

Section 13:40-3.2 - Licensure exemptions

(a) The following persons shall be exempt from the licensure requirements of 13:40-3.1:

1. An individual not a resident of and having no established place of business in this State who practices or offers to practice professional engineering or professional land surveying when such practice does not exceed in the aggregate 30 consecutive days in any calendar year provided that the individual is legally qualified by license to practice professional engineering or professional land surveying in any State or county in which the requirements and qualifications for licensure are at least comparable to those required by the Board and no final plans or reports are submitted by the individual;

2. An individual not a resident of and having no established place of business in this State or who recently becomes a resident of this State, who practices or offers to practice professional engineering or professional land surveying for more than 30 days in any calendar year if the individual has filed with the Board an application for licensure and has paid the requisite fees, provided that the individual is legally qualified to practice professional engineering or professional land surveying in any State or country in which the requirements and qualifications for obtaining a license are at least comparable to those required by the Board and this exemption shall continue only for such time as the Board requires for its consideration of the application for licensure;

3. An employee or a subordinate of an individual holding a valid license issued by the Board or an employee of a person exempted from licensure by (a)1 or 2 above, provided that this practice does not include responsible charge of design or supervision;

4. An officer or employee of the Government of the United States while engaged within this State in the practice of professional engineering or professional land surveying for the government;

5. An officer or employee of a corporation engaged in interstate commerce as defined in an act of Congress entitled "Act to regulate commerce," approved February 4, 1887, 24 Stat. 379, and as amended, when practicing professional engineering or professional land surveying solely for that corporation unless such practice affects public safety or health;

6. An employee of a corporation or any of its affiliated companies, any of which are in the field of telecommunications and subject to the jurisdiction of the State Board of Public Utilities or the Federal Communications Commission, when acting on behalf of that corporation or any of its affiliated companies;

7. An employee of a corporation or any of its affiliated companies, any of which are in the field of telecommunications and in which the primary business is research and technical development manufacturing or product design, when acting on behalf of that corporation or any of its affiliated companies; and

8. A person when exclusively practicing professional engineering or professional land surveying on property owned or leased by the person unless such practice involves the safety, health or welfare of the public.

(b) The design of buildings by professional engineers shall be consistent with section 7 of the Building Design Services Act, 45:4B-7.

(c) Nothing in this subchapter shall prohibit licensed architects from providing or offering services consistent with the Building Design Services Act, 45:4B-1 et seq.

N.J. Admin. Code § 13:40-3.2

New Rule, R.2006 d.80, effective 2/21/2006.
See: 37 N.J.R. 3253(a), 38 N.J.R. 1202(a).
Former N.J.A.C. 13:40-3.2, Reporting incidents of professional misconduct, recodified as N.J.A.C. 13:40-3.6.
Petition for Rulemaking.
See: 38 N.J.R. 5179(a).
Petition for Rulemaking.
See: 39 N.J.R. 263(b), 1323(a).
Amended by R.2011 d.212, effective 8/15/2011.
See: 43 N.J.R. 590(a), 43 N.J.R. 2181(a).
Section was "Licensure exemptions: acceptable measurements by professional engineers". In (a)1, (a)2, (a)4, (a)5, and (a)8, inserted "professional" preceding "land" throughout; in (a)1, substituted "year" for "years"; in (a)4, substituted "the" for "that" preceding "government"; and in (a)5, substituted "of" for "for" following "employee", and deleted a period following "entitled".