New York State Society of Professional Engineers (NYSSPE)

The New York State Society of Professional Engineers (NYSSPE) represents the interests of professional engineers, totaling more than 25,000 licensees in New York State, practicing in all disciplines.

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NYSSPE Members are Invited to A Dinner Presentation and Discussion with the First Deputy Commissioner of NYC Dept. of Design and Construction – 1 PDH

March 9, 2023 By nysspe Leave a Comment

The New York Chapter of NYSSPE is excited to host a special event on Wednesday, March 29. We are honored to have NYCDDC First Deputy Commissioner, Eric Macfarlane, as the speaker for the event. The presentation is titled “NYC East Side Coastal Resilience – Project Update”.

The event will take place at the Cornell Club of New York City. Come and join us for dinner and networking and get 1 PDH. Each person gets a FREE drink with each ticket. See Flyer below or contact Wanda Rios (wrios@kseng.com) for details or questions.

REGISTER NOW

The East Side Coastal Resiliency (ESCR) Project is a coastal protection initiative, jointly funded by the City of New York and the federal government, aimed at reducing flood risk due to coastal storms and sea level rise on Manhattan’s East Side from East 25th Street to Montgomery Street. The boundaries of this project correspond with the natural “pinch-points” in the 100-year floodplain: areas where the land is higher along the coastline, making it easier to close the system off from water entering from the north and south. The project design integrates flood protection into the community fabric, improving waterfront open spaces and access, rather than walling off the neighborhood. Construction on the East Side Coastal Resiliency project began in Fall 2020 and will continue through 2026.

 

 

Filed Under: NYSSPE Events

Focus Upon New York City

March 7, 2023 By nysspe Leave a Comment

FOCUS UPON NEW YORK CITY
(by Mark C. Kriss Legal and Legislative Counsel NYSSPE)

Chapter 17 of the NYC Building Code has recently been amended by adding additional special inspection requirements with regard to construction operations influencing adjacent structures and with regard to tenant protection plans.* The new provisions provide for, among other things, inspections to be performed throughout the duration of the course of work. The details of these inspections can directly shift substantial responsibility for construction operations onto the special inspector, who ultimately has no control over construction operations and means and methods on a daily basis.

In sum and substance the new special inspection programs are aimed at creating additional oversight over construction operations by special inspectors, including professional engineers, who elect to serve as special inspectors. As participants in construction projects are well aware, the very nature of building creates an environment wherein the risk of property damage and personal injury is unavoidable. In short, particularly in a dense urban setting, most certainly including New York City, a substantial risk of litigation is part and parcel of all construction projects. Moreover, those living and working in New York City have, over many years, shown themselves to be particularly litigious.

Engineers electing to serve as special inspectors, pursuant to the newly adopted code provisions, would face a significant risk of having to defend themselves against claims, by property owners, building occupants and third parties, including adjacent property owners and occupants, notwithstanding having met the standard of care required in carrying out their professional responsibilities. Plaintiff attorneys use a shotgun approach, naming all parties involved in a construction claim, with little or no risk for filing a claim against a party who is ultimately found to be completely without fault in the matter. The Society urges all its members and the design professional community at large, to understand the potential risks in taking responsibility for these inspections.

The Society is in the process of advising New York City, that the best approach of ensuring safety at work sites would require that all special inspections be done by professional engineers, who have the requisite expertise in design and construction and who are afforded protection against the unreasonable risk of litigation outlined herein. This would entail the City providing indemnification for defense costs and full indemnity for all claims other than those founded upon gross negligence. In the absence of a new approach, which will mitigate the litigation risk faced by the professional engineering community, the new Code provisions will likely prove to offer marginal improvement in public safety, if any.
(*NYC BC 1705.25.2 et seq. and BC 1705.26.1 and BC 1705.26.2.)

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Note: NYSSPE facilitates posting on this blog, but the views and accounts expressed herein are those of the author(s) and not the views or accounts of NYSSPE, its officers or directors whose views and accounts may or may not be similar or identical. NYSSPE, its officers and directors do not express any opinion regarding any product or service by virtue of reference to such product or service in this blog.

Filed Under: Legislative News, NYC Metro Area Information

The Capital District 47th Celebration of National Engineers Week Recap

February 23, 2023 By nysspe Leave a Comment

On February 4th the Capital Region held a Model Bridge Competition & Catwalk Competition.  The Model Bridge Competition (MBC) has been a tradition at the Capital District celebration of National Engineers Week, encouraging future engineers, since 1983! Over 100 high school students from around the region participate each year.  The high school model bridge competition is open to full-time high school students.  The middle school model catwalk competition is open to 7th and 8th grade students.  Both competitions involve building a model truss-type bridge out of balsa wood with the parts joined by yellow carpenter’s glue. Catwalks must be constructed using only the materials provided.

Model Bridges are rated on three criteria: Load Carried, Efficiency and Aesthetics.  This year there was an all-time record of 958lb.

View the bridges and vote for your favorite:   https://enginuitydesign.com/mbc/

On February 16 & 17 there were 45 continuing education courses offered virtually with over 700 in attendance.   Thanks to all the committee members that volunteer from associations and firms in the Capital District.   Want to get involved contact Jen Miller; jamiller@nysspe.org  /  CapitalDistrictEweek.org

 

Filed Under: NYSSPE Events

PE Members are Invited to Network with NYS Town Officials and Town Engineers and to attend an exhibition and seminar in NYC – 6 PDH Opportunity:

February 8, 2023 By nysspe Leave a Comment

NYSSPE Members are invited to network with NY State Town Officials, Town Engineers and to attend a conference and exhibition event with several engineering presentations (6-PDH) which will be held at the Times Square Marriott hotel in Manhattan, NY on Monday February 20, 2023.  The New York State Association of towns conference and exhibition event attracts town officials, town engineers and registrants from 62 New York counties and about one-third of all New York towns.   The event will be held on Monday February 20th, 2023, at the Times Square Marriott hotel in Manhattan, NY. For more information and to register to the 6-PDH seminar, <Click Here>

The 6-PDH engineering seminar at the conference will include presentations by Woodward & Curran, Mueser Rutledge Consulting Engineers, PSI Process, Collado Engineering, as well as the NYC Department of Buildings.  Topics will include Storm Drainage Deficiencies and Flood Risk Determination, Building Energy Efficiency Planning and Design Solutions, Evolving Challenges and Solutions or upgrades of  Water & Sewage Plants and Rock Stabilization for Slopes and Excavations.  Robert Holub, RA; Executive Director of Code Development at the NYC Department of Buildings will present an Overview of the new 2022 New York City Construction Codes.   For more information and to register to the 6-PDH seminar, <Click Here> [Read more…]

Filed Under: NYSSPE News, PEC News

NYSSPE 2023 Legislative Update-January  

January 13, 2023 By nysspe Leave a Comment

by Mark Kriss Esq., Legislative Counsel
PREVIEW – 2023 NYS Legislative Session

The 2023 New York State Legislative Session is just underway with Governor Hochul’s State of the State Address held on January 10th 2022.  The first-time elected governor detailed an ambitious housing plan and focused on creating economic opportunities and combating crime.

“My goals are straightforward and clear. We will make New York safer. We will make New York more affordable. We will create more jobs and opportunities for the New Yorkers of today and tomorrow,” Hochul said as she addressed a joint session of the state Legislature at the Capitol.  Her vision includes significant focus upon the need for affordable and environmentally friendly housing, as well as the need for an investment in programs aiding those challenged by a range of mental health and addiction issues, including the decades long failure of the state to devote adequate resources for mental health programs from inpatient beds to housing and provider services.

While the Governor’s focus is broad, the Society in contrast remains vigilant in protecting both the professional engineering community and the public by preventing the erosion of professional engineering licensure and advocating for public health safety and welfare as the circumstances require.  Following are key proposals requiring the Society’s attention and intervention.

  1. Statute of Repose – Support A1706/S4127 Assemblyman Pretlow/Senator Griffo This legislation creates a 10-year Statute of Repose requiring that lawsuits for personal injury and wrongful death against a design professional be commenced not more than 10 years after a project is completed.  Forty-eight (48) states have Statutes of Repose in place protecting professional engineers and architects after a project has withstood the test of time.  New York and Vermont are the only states which fail to protect design professionals against claims via a true Statute of Repose.

Recently the association of lawyers who represent plaintiffs in personal injury and wrongful death cases, secured passage of legislation in both houses to expand damages available to survivors in cases of wrongful death (see S74A / A6770 – 2022).  The trial lawyer bill would add more than a half a billion dollars to their fees annually if the legislation is signed by Governor Hochul.

Supporters for the bill argue that these types of expanded damages are available in forty-one (41) states and that New York should join the majority of other states in allowing for expanded wrongful death recoveries.  Despite the fact that an argument can be made in favor of a properly circumscribed wrongful death bill, the Society has intervened, calling upon the Governor to veto the wrongful death expansion bill, unless and until the legislature incorporates a Statute of Repose into the legislation and provides a complete defense once a reasonable number of years have passed after a design professional has completed work on a project and the improvement has withstood the test of time.  As of this writing we believe the Governor is likely to veto  this bill.  A veto would substantially aid our long-term efforts to secure passage of a Statute of Repose.  If New York is out of step with its failure to offer a recovery for emotional losses suffered by loved ones, it is profoundly out of step with a failure to afford design professionals the benefit of a Statute of Repose found in every other state, with the sole exception of Vermont.

  1. Indemnification Reform –

This legislation, which was previously vetoed by ex-Governor Cuomo, addresses the issue of design professional contractual indemnification on public sector projects (state and local) and is strongly supported by NYSSPE.  The legislation addresses public sector contracts wherein municipalities, state agencies and other governmental entities have inordinate leverage over the terms of indemnification.  Presently, governmental entities can and do unfairly shift the burden to design consulting firms for the cost of future contingent events such as property damage, personal injury and attendant attorneys’ fees.

Broad form defense and indemnification provisions subject design professionals to liability arising out of the circumstances that are well beyond the design professional’s scope of work and for matters over which the design professional has no control.  Design professionals in many instances are unable to secure insurance to cover the scope of claims these provisions can generate.  Many of the most highly qualified engineering firms simply refuse to participate in RFQs when confronted with adhesion contracts of this nature.  As a result, both public owners and taxpayers are deprived of the opportunity to benefit from their participation.

This bill addresses indemnification inequity by voiding contractual provisions requiring defense and indemnification involving a public work to the extent that a design professional is required to defend and indemnify a municipality, state agency, and other governmental entity or other parties for damages that are not the result of the negligence, recklessness, or willful misconduct of the design professional.  Responsibility for losses related to the actions or failures of other parties that are unrelated to the design professional services rightfully rest with the at-fault party or parties.  Design professions simply should not be compelled to provide indemnification for such conduct.

  1. QBS – Support A8504 –Comptroller’s Program Bill

This legislation requires the use of Qualifications Based Selection by Public Authorities and Public Benefit Corporations, in addition to state agencies.   Expanded utilization of QBS has been a long sought-after goal of NYSSPE. In fact, due in substantial part to the Society’s efforts, similar legislation passed the Assembly in 2010. QBS assures that price is not the sole criteria in the selection of professional engineering services by affording due consideration to the respective qualifications of consulting firms participating in the procurement process.  Adoption of QBS also helps to avoid steering of service contract to politically favored firms.  Since former Governor Cuomo opposed expanding QBS, his departure from office has enhanced our assessment of the prospects for this bill. In fact, NYS Comptroller Thomas DiNapoli has advanced the legislation with the goal of to preventing some of the abuses identified under one or more prior administrations. 

  1. Gas Transmission Lines (Public Safety Enhancement) – Support
    A1939/S544 – Assemblyman Cusick/Senator Kaminsky

    This bill will require that plans and services relating to gas transmission lines which are determined to pose a material risk to public safety must be provided or overseen by a licensed professional engineer. The New York State Public Service Commission is required by the legislation to promulgate rules and regulations addressing the foregoing requirement.

[Read more…]

Filed Under: Legislative News

NSPE Executive Director Update-December 2022

December 14, 2022 By nysspe Leave a Comment

NSPE Executive Director Update
December 2022

From Monika Schulz, CAE, Executive Director, and CEO

Happy Holidays! As we enter the season of giving, your voices as leaders are greatly needed to foster engagement for current and future members. The Society is made up of dedicated individuals. We are connected, inclusive, committed to ethical practice, and so much more. Don’t hesitate to make more connections and share your PE story. It’s so valuable to building the NSPE community.
Please take a moment to review the activities from November 1-30 and gather pertinent information on learning opportunities, advocacy activities, and state outreach.
•            Invite Your Colleagues to Join NSPE Thru#IAMNSPE
•            Support the NSPE Education Foundation
•            COP27 Conference Updates
•            Preparing for the 2023 Legislative Session
•            ARPL Recaps 2022 Coalition Success
•            Take Advantage of Professional Development Opportunities
•            Interested In a National Board Position-  Nominations due January 9
Read the full report
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Note: NYSSPE facilitates posting on this blog, but the views and accounts expressed herein are those of the author(s) and not the views or accounts of NYSSPE, its officers or directors whose views and accounts may or may not be similar or identical. NYSSPE, its officers and directors do not express any opinion regarding any product or service by virtue of reference to such product or service in this blog.

Filed Under: Uncategorized

NYSSPE Remembers Past President- Dolph Rotfeld, PE, F.NPSE

December 7, 2022 By nysspe Leave a Comment

With sadness, The New York State Society of Professional Engineers (NYSSPE) has learned of the passing of Dolph Rotfeld, PE, F.NPSE at the age of 91.  Dolph served as NYSSPE’s State President 1979 to 1980. He also served as President of the Westchester/Putnam Chapter.  He was awarded the 1976  Meritorious Service Award and received NSPE Fellow Membership in 2004.Dolph was the Principal Owner of Dolph Rotfeld Engineering, established in 1979 and now a Division of Al Engineers, Inc., P.C. providing consulting services to several municipal clients, including the City of New Rochelle, the Villages of Ardsley, Elmsford, Pelham, Rye Brook; the Towns of New Castle, North Castle, Harrison, Greenburgh, Eastchester; Westchester Joint Water Works and Westchester County.  The firm also currently serves as Village Engineer for Mount Kisco, Port Chester, Pelham Manor, Sleepy Hollow and as Town Engineer for the Town of Mamaroneck.

Filed Under: NYSSPE News

NSPE Board Update-September 2022

September 14, 2022 By nysspe Leave a Comment

By: Monika Schulz, CAE
Executive Director & CEO

We are still energized and inspired by the success of NSPECon 22 in Philadelphia. More than 250 PEs from around the country gathered for engagement and professional development. Thank you to speakers, attendees, and staff for making this conference a success. We look forward to NSPECon23, August 2-4, 2023-please save the date.

As we move into the fall season, recruiting new members to join the NSPE community continues to be a focus area. As you look at state and chapter activities, remember that volunteering and engagement leads to growth and retention. Challenge your members and leaders to reach out to a colleague, a promising new professional, or former member and ask them to join in on your activities.
Please take a moment to review the activities from August 1-31 and gather pertinent information on the conference, advocacy, state outreach, and leadership opportunities.
• NICET In-Building Public Safety Communications Program Wins Silver Award
• 2022-2023 State Leadership Rosters are Due
• Ideas for Volunteering and Developing Future Leaders
• NSPE Files Amicus Brief in Washington State Use of “Engineer” Title Case
• Baltimore County (MD) Ballot Referendum on Public Works Director
• It’s Not Too Late to Access Workability Webinars
• NSPECon22 Photos are Available on Flicker
FULL REPORT 

Filed Under: NSPE News

Martin Gordon, PE named in 2022 Class of NSPE Fellows

August 23, 2022 By nysspe Leave a Comment

Congratulations to NYSSPE’s Martin Gordon, PE!!

NSPE has welcomed eight professional engineers into its Fellow membership level this year. These enigneers have demonstrated exemplary and devoted service to the profession, the Society, and their communities.

The NSPE Fellow Program is a national program intended to recognize deserving professional engineers who have demonstrated long term professional service at the chapter, state and national levels of NSPE. The NSPE Board of Directors established the Fellow recognition program to honor those licensed members who have demonstrated exemplary service to the profession, the Society, and the community.

NSPE state and territorial societies can nominate one person for each 500 voting members on their rolls per year. Nominations are also open to NSPE interest groups, chartered affinity groups, and the Board of Directors.

Filed Under: NSPE News, NYSSPE Events

NSPE Executive Director Update to the Board of Directors – July 28, 2022

August 3, 2022 By nysspe Leave a Comment

By: Monika Schulz, CAE, Executive Director, and CEO

Please take a moment to review the activities from July 1-31 and gather pertinent information on the conference, advocacy, state outreach, and leadership opportunities.

  •  NSPECon Welcomes Key USDOT Official for Opening Session on Bipartisan Infrastructure Law
  • Celebrate PE Day – August 3
  • NICET Releases Last Exam for the In-Building Public Safety Communications Program
  • Gas Tax Holiday Update
  • Society Leadership Takes DEI Discussion to NSPE-KY Convention
  • Ensuring the Future of Leadership Growth
  • SSEC Meeting at NSPE Headquarters

Read More 

Filed Under: NSPE News

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The New York State Society of Professional Engineers, Inc.
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