Ethical Practice For Land Surveyors in New York · Boundary Survey Map: graphic opinion…defined boundary limits, shows possession…in relation to map lines, deeds of record, and/or
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! Considered “…articulation by…Board…of good practices
! Not to be used as a basis for charges or disciplinary action…those can only be based on a demonstration of a violation of the Education Law or Rules of the Board of Regents or the Commissioner’s Regulations
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Practice of a profession ! Public trust
! Special obligations of public service and ethical conduct that the privilege of licensure creates
Practice of Land Surveying ! …survey is opinion of LS…based on
measurements, research, …computation, analysis, and professional judgment consistent with rules of evidence, legal precedents, and in accordance with …laws of NY State
! Can be in form of map, electronic file, field monumentation, report or expert testimony
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Purpose of Guidelines ! Includes
! Amplifying rule or rules on unprofessional conduct
! Frame of reference for public and profession on what constitutes good practice
! Enables professional to better protect public’s health, safety and welfare
Office procedures ! Data should be reduced, adjusted and analyzed
consistent with technical criteria or standards for the project
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Equipment ! Technologically sufficient to support project’s
technical criteria
! Should be maintained, checked, calibrated and documented at reasonable intervals to achieve…results compatible with…intended use, …technical criterion, and industry standards
Deliverables ! Professional opinion should be provided in a written
report, paper or electronic map and/or correspondence as necessary or called-for in agreement
! Findings and opinions must be ! Within scope agreed to with client ! Within scope of surveyor’s professional knowledge ! Supported by facts, evidence and documentation
! Format that conveys relevant and/or record information and organized to be comprehensible…
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Mapping requirements ! Client or project name
! Surveyor’s details
! Instruments affecting title
! North reference or basis
! Sufficient data for mathematical closure and area of the parcel(s)
! Relate record description calls, with deviations
! Identify record docs used
! Applicable ties (building corners, intersections, monuments)
Survey Report ! If prepared should provide narrative of project,
scope performed, details of procedures, record information used, findings and basis for findings
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Project file info ! Maintain for six years
! Failing to provide to client, upon request, copies of documents in possession of licensee, when prepared for and paid for by client, is unprofessional conduct
Code of Practice / 2 ! Boundary Survey Map: graphic opinion…defined
boundary limits, shows possession…in relation to map lines, deeds of record, and/or pertinent reference data, based on actual field work conducted under supervision of LS
! Title Survey: BSM made for transfer of real property
! Policy on preparation of TS: abstract of title furnished to LS, signed and certified with seal of LS, all archival information found and created in possession of LS, certification only to title company or lending institution for specific transaction
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Code of Practice / 3 ! TS continued: meet or exceed minimum standards
set forth in this Code
! NYSAPLS: alteration of a map…is not in general welfare of public
! State: alteration must follow specific formula stating alterer’s signature, seal, date of alteration, and specific details of alteration
Code of Practice / 4 ! Standard notes: copyright, unauthorized alteration,
embossed seal for genuine document, certification that map is in accord with Code of Practice, certifications not transferrable, underground improvements or encroachments not always known and must be estimated and thus not covered by certificate
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Code of Practice / 5 ! Certification: embossed seal on original and copies;
unauthorized reproduction violation of copyright; if no embossed seal, assume it is unauthorized
Code of Practice / 8 ! All parcels, lines and points that identical with
similar features on another map, references must be given
! All parcels, lines and points on record that were used to locate the survey boundaries or that represent survey boundaries must have references to original documents
! Physical evidence of possession must be shown
! Buildings and other improvements, house numbers must be shown
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Code of Practice / 9 ! Additional items to be noted:
! Visible easements and surface indications of underground easements; sub-surface structures
! If weather or other conditions might have concealed features or appurtenances
! Buildings, fences walls or parts of improvements within three feet of the boundaries
! If building relies on adjoining wall, or reverse ! Joint or common driveways ! Cemeteries, burial grounds ! If construction of any improvements was incomplete
! Monuments and witness marks should be noted and referenced
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Q & A
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About seminar presenter Joseph V.R. Paiva Dr. Joseph V.R. Paiva, is principal and CEO at GeoLearn, LLC (www.geo-learn.com) which is an online provider of professional and technical education since February 2014. He continues to serve as a consultant in the field of geomatics and general business, particularly to lawyers, surveyors and engineers, and international developers, manufacturers and distributors of instrumentation and other geomatics tools. One of Joe’s previous roles was COO at Gatewing NV, a Belgian manufacturer of unmanned aerial systems (UAS) for surveying and mapping during 2010-2011. He also is a writer in many magazines and journals and has been on the “seminar circuit,” delivering continuing education to geospatial professionals, as well as technician and exam preparation courses. Joe was previously managing director of Spatial Data Research, Inc., a GIS data collection, compilation and software development company; senior scientist and technical advisor for Land Survey research & development, VP of the Land Survey group, and director of business development for the Engineering and Construction Division of Trimble; vice president and a founder of Sokkia Technology, Inc., guiding development of GPS- and software-based products for surveying, mapping, measurement and positioning. Other positions include senior technical management positions in The Lietz Co. and Sokkia Co. Ltd., assistant professor of civil engineering at the University of Missouri-Columbia, and partner in a surveying/civil engineering consulting firm. He has continued his interest in teaching by serving as an adjunct instructor of online credit and non-credit courses at Texas A&M-Corpus Christi and the Missouri University of Science and Technology. His key contributions in the development field are: design of software flow for the SDR2, SDR20 series and SDR33 Electronic Field Books and software interface for the Trimble TTS500 total station. He is a Registered Professional Engineer and Professional Land Surveyor, was an NSPS representative to ABET serving as a program evaluator, where he previously served as team chair, and commissioner, and has more than 30 years experience working in civil engineering, surveying and mapping. He writes for POB and The Empire State Surveyor magazines, occasionally contributes to other publications and has been a past contributor of columns to Civil Engineering News. GeoLearn is the online learning portal provider of the Missouri Society of Professional Surveyors and the Geographic and Land Information Society. To access these sites, find the links to their portals at these organizations’ websites. More organizations are set to partner with GeoLearn in 2015. [email protected]$or$on$Skype$at$joseph_paiva.$$