Nebraska Administrative Code
Topic - ENGINEERS AND ARCHITECTS
Title 110 - BOARD OF ENGINEERS AND ARCHITECTS
Chapter 8 - ENFORCEMENT
Section 110-8-4 - Remediation
Universal Citation: 110 NE Admin Rules and Regs ch 8 § 4
Current through September 17, 2024
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.
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