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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Ethical Practice For Land Surveyors in New York

NYSAPLS Conference January 2015

Joseph V.R. Paiva

CEO -

Ethics !  …discipline dealing with what is good and bad and

with moral duty and obligation

!  Theory or system of moral values

!  Principles of conduct governing an individual or a group

!  A guiding philosophy

!  A consciousness of moral importance Adapted from the Merriam-Webster

dictionary

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Not directly discussed !  Illegal

!  Unprofessional conduct

!  …though these would be part of unethical behavior

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Outline !  “NYSAPLS Code of Practice for Land Surveys”

!  “Canons of Ethics” (also NYSAPLS)

!  Land Surveying Practice Guidelines (Feb 2000) – State Board for Engineering & Land Surveying

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Beginning with LS Practice Guidelines…

!  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

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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

!  To be used with skill, discretion, judgment

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Definitions !  If not contained in Guidelines, use Definitions of

Surveying and Associated Terms

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Purpose of survey !  …should…determine purpose of service to be

provided

!  Survey or map should be prepared for specific identified purpose as stated in agreement, contract, or as noted in map or Report of Survey

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Research !  Sufficient to produce an opinion with reasonable

certainty

!  Identify conflicts with adjoiners

!  Identify exceptions, encumbrances, privileges, etc.

!  OK to rely on title search information prepared by others qualified to do so

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Field procedures !  Survey control and boundary points located with

sufficient redundant measurements to enable detection of measurement blunders

!  Ensure consistency to obtain precision estimates correlating with required accuracy

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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

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Measurement standard !  Referenced to Standard U.S. or metric

measurements

!  Conversions for non-standard measurements must be given

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Monuments !  Evidence of survey determinations, and provide

valuable information to client, agents of client, public and future surveyors

!  Set monuments…of reasonably permanent material, solidly embedded…

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Monuments / 2 !  Monuments, physical or referenced…should be

provided so that boundaries and/or reference points are apparent, obvious or may be reasonably determined from map or report

!  If monuments are not set, explicit note should be placed on the map

!  Suggestion: surveyor’s name and/or license number should be affixed to each set monument

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Internal documents !  Details of daily work, sketches and data collected

in the field should be legible, concise and accurately reflect field procedures

!  Should be dated, have identity and duties of person(s) performing work with additional information such as weather, equipment used, etc.

!  Copies of data and fieldwork should be a permanent part of the project file and organized to support the basis for determinations made

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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)

!  Reference to political or municipal entities

!  Reference datum or benchmark for elevations

!  Scale and conversions

!  Physical features (plus encroachments)

!  Dates of fieldwork completion and map prep

!  I.D. monuments set or used

!  Map revision dates

!  Apparent easements etc. to be shown

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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

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Supervision/review !  “All work by or under the authorship and signature

of the surveyor shall be the professional responsibility of the surveyor”

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Canons / 1 !  Act as trusted agent

!  Don’t accept remuneration from other than client

!  Don’t try to supplant another LS if definite steps have been taken to hire him/her

!  Don’t injure falsely or maliciously professional reputation, employment or business of another LS

!  Review work of another LS only with his/her permission or if he/she has been dismissed

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Canons / 2 !  Avoid self-laudatory language or language

derogatory to the dignity of the profession when advertising

!  Don’t used advantages of salaried position to compete unfairly

!  Don’t exert undue influence for purpose of affecting an engagement

!  Act with honor, integrity and dignity

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Code of Practice / 1 !  “…provides uniformity, throughout the State, in

policy and general presentation and provides minimum standards which are universal.”

!  …provides a framework and guide for the practitioner and a standard of expectation for the public

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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

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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

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Code of Practice / 6 !  Minimum standards

!  Standards and local use apply

!  Research must satisfy local criteria for reasonable

!  North arrow or other orientation reference

!  Location so as to be findable on commercial map

!  Location of parcel on survey with map title reference; premises note reference, street, deed reference, map reference, street plan reference

!  Must be unambiguous statement of location

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Code of Practice / 7 !  Measurements

!  “designated standard of measure”

!  Sufficient data on boundary to delineate and establish lines

!  Authorship: LS name and other details

!  Scale: good practices

!  Dates of field and office completion in map prep

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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

during survey !  Area of parcel

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Code of Practice / 10 !  Show gores and overlaps

!  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.$$

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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