110 Neb. Admin. Code, ch. 8, § 4

Current through September 17, 2024

Section 110-8-4 - Remediation

8.4.1 Projects with inadequately sealed documents or work performed by an unlicensed individual may be remediated under the following circumstances:

8.4.1.1 Pursuant to a complaint alleging the unlicensed practice of engineering or architecture, the Board may, at its discretion, allow work not in compliance with the E&A Act or the E&A Rules to be remediated by the following method:

8.4.1.1.1 A licensed architect or professional engineer, as appropriate, must submit a letter to the Board bearing the architect's or professional engineer's seal, explaining their relationship to the project, and identifying deficiencies, if any, found in the improperly sealed documents, including the need for involvement of other design disciplines; and

8.4.1.1.2 If the project is under construction, the remediation architect or professional engineer must identify immediate concerns of public safety and, when required, notify the appropriate authority to halt construction; and

8.4.1.1.3 If deficiencies are identified, the remediation architect or professional engineer must recommend design solutions to correct those deficiencies; and

8.4.1.1.4 The letter will become a permanent part of the existing contract documents; and

8.4.1.1.5 Revisions made to the deficient documents by the remediation architect or professional engineer must be attributed accordingly; and

8.4.1.1.6 The remediation architect or professional engineer must assume responsibility for the design, and a coordinating professional must be designated if required; and

8.4.1.1.7 New documents, prepared by the licensed professionals involved must be sealed, signed, and dated; and

8.4.1.1.8 The remediation architect or professional engineer shall not seal any of the unsealed or improperly sealed documents with respect to the project; and

8.4.1.1.9 The remediation architect or professional engineer will submit a final letter confirming the project is in compliance with the E&A Act, all deficiencies have been removed, and taking responsibility for the project.

8.4.1.2 The Board may take steps to issue a cease and desist order or any other remedy available to the Board under the law if, for any reason, no solutions are proposed to correct the deficiencies or the recommended solutions are not implemented.

110 Neb. Admin. Code, ch. 8, § 4

Amended effective 4/27/2019

Amended effective 6/7/2021

Amended effective 3/16/2024