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State of Nebraska Board of Engineers and Architects

Remediation/Enforcement

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Remediation/Enforcement

Remediation is an informal process used by the Board to involve licensees on building projects in Nebraska subject to the Nebraska E&A Regulation Act and described in Board Rule 8.4. Remediation ensures that the health, safety and welfare of the public are protected through the involvement of licensed professionals.

Not necessarily. A complaint and remediation process is not an order to stop construction. The licensed remediation professional(s) will review any existing plans and the structure itself to identify any deficiencies. If the remediation professional identifies immediate concerns of public safety, it is the professional’s responsibility to notify appropriate authorities. Notification may result in a stop order from the local building official. It may be appropriate to stop construction if the remediation professional identifies deficiencies that raise an immediate concern. Stopping construction allows deficiencies to be corrected and can deter additional potential deficiencies created during construction.

Not for every project. There are three general conclusions of a remediation review:

1.   The remediation professional did not identify any deficiencies. When there are no deficiencies, there is no need to produce technical documents.

2.   Deficiencies were identified, but they can be corrected without new technical documents. In this situation, the deficiencies can be corrected through a detailed written description provided by the remediation professional in a remediation letter.

•    If building plans already exist, the remediation professional may be able to make corrections through annotations, clouding, and deltas.

•    If existing documents are revised, the revisions must be attributed to the individual responsible for the revisions.

3.   Deficiencies were identified that will require design corrections detailed in technical documents. In this case, technical documents will be produced by the remediation professional in addition to the remediation letter.

If the deficiencies require design corrections or revisions to existing documents, these officials may require another submission of technical documents. A copy of the remediation letter should be included with any new submission of technical documents.

It depends. If the deficiencies will require design corrections or revisions to existing documents, these officials may require another submission of technical documents. A copy of the remediation letter should be included with any new submission of technical documents.

The remediation letter should reflect every step of the remediation process provided in Board Rule 8.4.1.1. Generally, the letter should include:

1.   Identification of the project and an explanation of the remediation professionals’ relationship to the project.

2.   Identification of any deficiencies, including any that raise immediate concerns of public safety. If there are immediate public safety concerns, the remediation professional should indicate whether there is a local authority to notify and whether they did notify the authority.

3.   Describe your recommendations to correct deficiencies and the kinds of technical documents that may need to be produced.

4.   A statement affirming that the remediation professional takes responsibility for the remediation design.

5.   If remediation requires the involvement of other design disciplines, identify those disciplines or licensed professionals and designate a coordinating professional.  If there are multiple design professionals, each licensee may prepare their own remediation letter. The Coordinating Professional would then prepare a letter that lists each design professional involved and their roles in the remediation. Alternatively, each licensee would prepare their portion of the remediation letter and identify the portion that they are responsible for.

6.   Seal, sign, and date the letter.

If there are multiple design professionals involved, each licensee may prepare their own remediation letter. The coordinating professional will then prepare a cover letter that lists each design professional involved in the remediation. Alternatively, each licensee prepares their portion of the remediation letter and identify the portion that they are responsible for. The coordinating professional should be designated in the remediation letter and appear on the cover sheet of any newly produced technical documents.

Yes, if multiple licensees are involved in the remediation. The coordinating professional should be designated in the remediation letter and appear on the cover sheet of any newly produced technical documents.

If there is a reason to believe an architect, professional engineer of a different discipline, or other design professionals should be involved in the remediation, describe that observation in the remediation letter to the Board.

If you believe there has been a violation of The Nebraska Engineers and Architects Regulation Act or the Board Rules (Title 110 of the Nebraska Administrative Code), please complete and submit a Complaint Form.