The Nebraska Professional

Krista L. Kester, 1955-2024

The Board is saddened to learn of the passing of emeritus board member Krista Kester, who served as a public member on the Board from 2008 to 2018. Kester was the 49th Board member and the 2nd public board member appointed. 

Kester received a Bachelor of Science degree (with high distinction) in 1976 and a Juris Doctorate (with high distinction) in 1990 from the University of Nebraska-Lincoln. Prior to entering private practice, she served as a Judicial Law Clerk for the Honorable Warren K. Urbom, United States District Court for the District of Nebraska. Additionally, Kester taught legal research and writing as an Adjunct Professor at the University of Nebraska’s College of Law. 

As a lawyer, Kester focused her practice on commercial and construction litigation, appellate practice, and the representation of foreign insolvency liquidations. In addition to her practice, she was a charter member and past president of the Eighth Circuit Bar Association.

The Board extends its sympathies to Kester's family and friends.

The Nebraska Engineers and Architects Regulation Act Update

Governor Jim Pillen approved the Board’s proposed changes to its rules (Title 110, Neb. Admin. Code). The changes were the subject of a public hearing the Board held on December 1, 2023.

A summary of the updated rules and related changes is available on the Board’s website. If you would like copies of the updated E&A Act Regulation Act Handbook mailed to you for free, please email nbea.marketing@nebraska.gov.

Unlicensed Practice

Recently, the Board has seen an increase in individuals engaging in the unlicensed practice of architecture and engineering. In particular, the Board has been made aware of several cases where persons with an architectural drafting background have been preparing plans for projects subject to the Nebraska Engineers and Architects Regulation Act (Neb. Rev. Stat. § 81-3441, or “the E&A Act”).

The E&A Act’s unlicensed practice applies not only to individuals with a knowledge background in architecture and engineering but also to any individual, including homeowners and contractors, engaging in the practice of architecture and engineering.

If an individual is not a Nebraska-licensed architect or professional engineer, they shall not directly or indirectly engage in the practice of architecture or engineering on projects subject to the E&A Act.

What is the practice of architecture and the practice of engineering?

While much of what architects and professional engineers produce may at times look similar (such as creating plans, designs, drawings, and technical submissions), the practices of architecture and engineering are separate and distinct.

The practice of architecture is defined as providing or offering to provide design services in connection with the construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding the buildings, per Neb. Rev. Stat. §81-3420.

The practice of engineering is defined as any service or creative work that requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences, per Neb. Rev. Stat. §81-3421.

Do I need a licensed architect and/or professional engineer on a project?

Nebraska state law requires that any building or structure that will exceed the square footage defined in the E&A Act and Board Rules 10.3 and 10.4 must be designed by an architect and/or professional engineer.

These services include:

• Design services, including the preparation of drawings, plans, specifications, and other documents that show the features and details of the project to be constructed.
• Preparation of plans required for the permitting process. These plans must include a seal, the design professional's signature, and the date. Failure to obtain the proper seal with date and signature will delay the project.
• Construction services, including visits to the project site to determine that the project is being built as designed and that the processing of technical submissions required of the contractor is being completed.

The determination of whether or not a licensed architect or professional engineer needs to be involved is based on two predominant factors:

1. The area in square feet that the project adversely impacts, and;

2. The project Occupancy Classification according to the state building code (Neb. Rev. Stat. § 71-6403).

These factors are specifically described in Neb. Rev. Stat. § 81-3449 and § 81-3453 and Board Rule 10.3.

Do I need a licensee for an addition or renovation project?

Renovations and one-level additions to an existing building, structure, or work shall be exempt from the E&A Act if:

• The total impacted area is less than the area shown in the chart to the left and;
• The area of renovation or addition does not adversely impact the mechanical system, electrical system, structural integrity, means of egress, and does not change or come into conflict with the occupancy classification of the existing or adjacent tenant space, building, structure, or work.

What are possible outcomes when engaging in the unlicensed practice of architecture or engineering?

• Property owners and developers may be liable if a structure is in violation of the Act when built.
• Projects may encounter extensive delays and cost overruns.
• Architects and professional engineers risk disciplinary actions, including public reprimands, fines, and license suspension or revocation.
• Property owners may be subject to fines and civil penalties authorized by state statute. In addition, expenses related to compliance enforcement may be levied.
• Remediation costs, including post-construction design review, documentation, and construction revisions, may be substantial.

If you're an architect or professional engineer…

If an architect or professional engineer wants to practice architecture and engineering in Nebraska, they must hold an active license in Nebraska and ensure they do not let their license expire. License renewals are valid for a period of two years. In October of each biennium year, renewal notifications are sent to licensees. Licensees whose last names begin with the letters A through K will have their license expire on December 31 of odd-numbered years. Those with last names beginning with the letters L through Z will have their license expire on December 31 of even-numbered years. Licenses can be renewed online or via paper application.

Additionally, understanding the difference between the practice of architecture and the practice of engineering is crucial. The Board has had instances of licensed architects practicing engineering and professional engineers practicing architecture on projects subject to the Act. Please see the section above regarding these definitions to ensure familiarity with the differences.

For further information, please visit the FAQ Licensees section of the Board’s website.

If you're a homeowner, contractor, or public entity…

If a homeowner, contractor, or public entity is not a licensed architect or professional engineer and is unsure if they need a licensed architect or professional engineer on a project, please consult with a licensed architect or professional engineer. The Board website has a Licensee Lookup feature that allows individuals to search for a licensed person, authorized organization, or temporary permit. Individuals can search for an architect or professional engineer by name, geographic region, and other information. When using this section of the website, it is encouraged to limit criteria to one or two fields for best results. It's recommended to start with the type of licensee the individual is looking for and zip code. 

For further information, please visit the FAQ Public section of the Board’s website and the FAQ section regarding the need for an architect or professional engineer on a project.

Are there any exemptions to the requirement of a professional engineer and/or architect on a project?

Yes, there are several exceptions. Below is a chart summarizing the types of projects that can be designed without a licensed architect or professional engineer to be involved in the project.

Occupancy classification categorizes structures based on their primary usage, such as a home's main purpose is residential or a hospital's main purpose is healthcare.

Knowing a project’s occupancy classification is a vital first step toward determining if an architect or professional engineer is required. Knowing a structure's classification, the chart below can help determine if you need a licensee. Occupancy classification definitions and examples are taken from the State Building Code (The State Building Code references the International Building Code (IBC), International Residential Code (IRC), and International Existing Building Code, 2012 editions). Additionally, check with local officials to ensure your project complies with local requirements before building or remodeling.

Individuals who are not a Nebraska-licensed architect or professional engineer may perform planning and design services in connection with any building, structure, or work as indicated on the chart above.

If a structure contains more than one occupancy classification, use the most restrictive occupancy to determine if a licensee must be involved.

Numerous exemptions are not included in this summary. Please consult an architect or professional engineer, local building officials, and inspectors to ensure a project meets all state and local requirements. For further information regarding exemptions, please see Chapter 10 of the E&A Act.

NBEA Lunch and Learn Webinar Series

Thank you to everyone who attended last month's NBEA Lunch and Learn Webinar Series regarding the Board, the Act, and when a licensed architect and/or professional engineer is required on projects! The presentation is now available on the Board's YouTube channel. Please click here to view the webinar. Additionally, past webinars are also available to view on the Board's YouTube channel.

Please follow us on all the Board's social media platforms for upcoming NBEA Lunch and Learn Webinar Series presentations, and never miss any important updates or information!

If you have any suggested topics for future webinars, please email nbea.marketing@nebraska.gov.

Board Community Outreach

Recently, Board Director Jon Wilbeck spoke to college students at UNL and Doane University about the process for becoming a licensed professional engineer and gave an overview of the Act.

Board staff are happy to visit any organization or group to present any topic related to the Act, the Board, and licensing requirements. If you are interested, please contact nbea.marketing@nebraska.gov to discuss the opportunity.

NCEES Practice of Fire Protection Engineering Survey

NCEES is seeking a cross-section of licensed fire protection engineers to participate in an online survey for the PE Fire Protection exam. The survey will be open until July 22, 2024. For access, please click here.

Licensure Updates

Recently Resolved Compliance Cases

24.01 – Noncompliance with Laws

Summary: The Board was notified through a license renewal disclosure that Missouri placed Afsar Hasan’s professional engineer license on probation. This complaint alleged a violation of Board Rules 5.4.1 and 5.5.4.

Action: Afsar is a licensed professional engineer (E-15006) in Nebraska. After its investigation, the Board found that Hasan violated Rules 5.4.1 and 5.5.4 and was subject to disciplinary action per Board Rule 5.4.3. The Board offered a settlement agreement to a) place his professional engineer license on probation for the time period concurrent with the Missouri action and b) pay $546 in fees and $77.70 in investigative costs to be paid within thirty (30) days. Hasan agreed to the disciplinary action, and the settlement agreement was accepted and fully executed on April 19, 2024.

24.09 – Noncompliance with Laws

Summary: The Board was notified through a license renewal disclosure that California placed Manouchehr Hakhamaneshi’s professional engineer license in California on probation. This complaint appeared to be a violation of Board Rules 5.4.1 and 5.5.4.

Action: Hakhmananeshi is a licensed professional engineer (E-19092) in Nebraska. After its investigation, the Board found that Hakhamaneshi violated Rules 5.4.1 and 5.5.4 and was subject to disciplinary action per Board Rule 5.4.3. The Board offered a settlement agreement to a) place his Nebraska professional engineer license on probation for the time period concurrent with the California order, and b) pay $315 in fees and $77.70 in investigative costs to be paid within thirty (30) days. Hakhamaneshi agreed to the disciplinary action, and the settlement agreement was accepted and fully executed on April 19, 2024.

The Nebraska Professional Archive

The Nebraska Professional #39

The Nebraska Professional #38

Please click here for past issues.

If you have questions about topics in this blog post, previous issues, or other topics that would be helpful to publish in our next release, please contact us.