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State of Nebraska Board of Engineers and Architects

Remediation Enforcement

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Remediation/ Enforcement

What is remediation?

Remediation is an informal process used by the Board to involve licensees on building projects in Nebraska subject to the E&A Regulation Act. While remediation may cause delays and added expense, it ensures that the health, safety, and welfare of the public is protected through the involvement of licensed professionals.

My project is already under construction. Must construction stop during remediation?

Not necessarily. A complaint and the remediation process is not a stop order. The licensed remediation professional 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. The notification may result in a stop order from a local building official. It may be appropriate to stop construction if the remediation professional identifies deficiencies that constitute an immediate threat to life, health, and property.

Stopping construction may allow deficiencies to be corrected and can reduce the likelihood of additional potential deficiencies created during construction.

Do new building plans and technical documents need to be produced for a project being remediated?

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.

Do technical documents need to be submitted to the local building official and State Fire Marshal again?

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.

I am the remediation professional for this project. What should I include in my remediation letter?

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 would then prepare a cover letter that lists each design professional involved in the remediation. Alternatively, each licensee would prepare their portion of the remediation letter and identify the portion that they are responsible for.

Does a Coordinating Professional need to be designated?

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.

What should I do if my review suggests that other design professionals should be involved in the remediation?

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.

How do I file a complaint?

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.  

 

 

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