NBEA Update* E&A Act Overview

* Unlicensed Practice* Coordinating Professional

*Legislative Update

MELINDA PEARSON, FAIAEXECUTIVE DIRECTOR

Vision and Mission of the Board

• Vision: Be the leader in safeguarding the life, health, property and the public welfare of the people of Nebraska with respect to the practice of architecture and engineering.

• Mission:

– Licensees are qualified

– Enforcement and education

– Quality and responsive service

THE ENGINEERS AND ARCHITECTS REGULATION ACT

StatutesRules and Regulations

Board PoliciesGuidelines

CommentariesWhite Papers

THE E & A ACTHISTORY OF CHANGES

Legislative History

• 1937 – Law passed by Legislature

• 1997 – E&A Act updated

• 1998 – Negotiated Rulemaking

• 2004 – LB 599

• 2007 – Rules and Regulations

Negotiated Rulemaking Mandated By LB 599

• LB 599, passed on May 14, 2004– Clarifying exemptions (while specifying

that exemptions may only be increased, not decreased)

– Moving exemptions from Statute to Rules and Regulations

– NRM - A committee of 29 individuals was convened to build consensus on the main issues.

LB599Struck Code Official language

• A public official charged with…

accepting… plans… shall not accept or

approve plans… which have not been

prepared in accordance with the E&A

Act.

UNLICENSEDPRACTICE

Anecdotal reports of unlicensed practice increasing

• A nurse designing an addition to a rural hospital

• A new bar/restaurant going into an existing downtown building with no licensee seals

• A community center with one licensee – the seal of an engineer on the metal building structure only

• An electrical contractor designing the work on a large multi-use development

• A new locker room for a high school with no licensee seals

Growing Concern

• Half of all complaints related to building projects completed without licensed professionals

• Reduced communication from code officials

• Real and perceived number of licensees working in rural Nebraska

WINTER 2008/09NEWSLETTER

NBEA Winter 2008-09 newsletter generated many comments

Key comments from respondents

Don’t loosen the current laws!

– The law and rules are already set. The Board should increase enforcement, not loosen the rules.

– Looser requirements would only encourage more non-compliant projects This would be a move in the wrong direction.

– Code officials should be pushed to increase enforcement of current rules.

Who are Coordinating Professionals?

– Already defined in state statute

– Contractors should not be the CP

FALL 2009NEWSLETTER

NBEA Fall 2009 newsletter

Coordinating Professional• Must be licensed architect or professional engineer

• The Coordinating Professional requirement is often not followed by licensees, but required by current statutes

– Most projects outside Lincoln/Omaha do NOT have a Coordinating Professional designated.

• NBEA stepping up enforcement

– Initial warning, then $100 fine, then $500 fine,then license probation

– Staff visiting code officials across the state

Correct Use of the Seal

Other Newsletter Items

• Board stepping up enforcement

– Initial warnings followed with increased penalties and fines

• Temporary reduction in renewal fees

• ARE increases $40 per division to $210 on Oct. 1

• Capitol Ceremony for new licensees

– Thursday, November 19 at 1:00 pm

STRATEGIC PLANNING

Board Committees Initiatedduring 2009 Strategic Planning

• Allied Board Committee

• Practice Committee

• Interior Designers

• Design Build / Alternative Delivery Systems

• Engineering Education

• Legislative Committee

Legislative Committee

• Develop statute language for consideration at the 2011 legislative session.

• Consider working with Advisory Committee to get feedback on issues and concerns.

Advisory Committee

• Goals

– Learn about partnership challenges

– Educate and update the group

– Seek understanding of common issues

• Members:

– Start with Negotiated Rulemaking Committee groups and seek out their leadership,

– Invite other groups who have shown interest, and

– Look at state organizations

FUTURE LEGISLATION2011

: Exemption Matrix

• The 2004 Negotiated Rulemaking committee made recommendations

• Exemptions should be based on maximizing safety of the occupants

• Exemptions will be defined by occupancy type; based on Nebraska state building code (the most current version of the International Building Code)

• People who cannot self-preserve should have the highest level of protection (or regulation)

2011 Legislative Initiative

• Based on the recommendations of the

Negotiated Rulemaking committee and

– the NBEA’s responsibility to protect the

public,

– the NBEA proposes to reduce Exemptions

in the following occupancies.

Commercial Structure Exemption Examples

• Assembly (A-1 thru A-5) • Proposed exemption 0 sf

• Currently less than 1,000 sf• All structures intended for the gathering of persons for

civic, social or religious functions; recreation; or food or drink consumption.

Commercial Structure Exemption Examples

• Educational (E) Any part of a structure which can serve six or more persons, used for educational purposes or personal care services.

Proposed exemption = 0

Currently < 1,000 sf

• Portion of Business (B)

Clinic-outpatient onlyProposed exemption = 0

Currently < 3,000 sf

Commercial Structure Exemptions Proposed

Institutional (I-1 through I-4)Institutional structures include those in which people are caredfor or live in a supervised environment, or in which people aredetained or restricted.

Personal Care (I-1) Structures housing > 16 persons on a 24 hour basisProposed exemption = 0Currently < 3,000 sf

Inpatient Healthcare (I-2) Structures for inpatient medical care for > 5 personsProposed exemption = 0Currently < 5,000 sf

Detention (I-3) Structures housing > 5 who are under restraintProposed exemption = 0Currently < 3,000 sf

Day Care (I-4) Structures for persons of any age who receive custodial care for < 24 hoursProposed exemption = 0Currently < 2,000 sf

Commercial Structure Exemptions Proposed

High-Hazard (H-1 through H-5)Manufacturing, processing, generation or storage of materials posing a physical or health hazard.

Detonation hazard (H-1) Proposed exemption = 0Currently < 2,000 sf

Explosion or accelerated burning hazard (H-2) Proposed exemption = 0Currently < 2,000 sf

Combustible hazard (H-3) Proposed exemption = 0Currently < 2,000 sf

Health hazard (H-4)Proposed exemption = 0Currently < 2,000 sf

Semi-conductor hazard (H-5)Proposed exemption = 0Currently < 4,000 sf

Crossover Practice

• Allow crossover practice

– In small buildings and

– Only in occupancies where individuals can self-preserve

Certified Trade Professionals

• Limit Certified Trade Professional

– Master electricians

– Fire sprinkler trades

Code Officials

Code officials are “first line of defense” and often the only eyes on proposed building projects

• Seek language that requires code officials tonotify NBEA when they suspect a violation

• Statement of support for statewide building code

• Require that all non-exempt projects be reviewed by code officials to assure compliance with codes

Model Laws and Housekeeping

• NCARB language works well

– Direct Supervision

• NCEES language needs updated

– Experience to take PE

– Structural exam

• Clarification on Public Service Providers providing for services outside theirjurisdictions

Engineering Education

• Masters degree or equivalent education

• Practice of engineering more complex with new building requirements

• More crucial now that engineers are involved in system design of complex structures

Continuing Education Event• “Who’s In Charge of Your Integrated Project?”

• Thursday, October 22, Strategic Air & Space Museum near Ashland, 8:30 am – 4:30 pm, 6.5 HSW hours

• Focus on challenges of alternative delivery systems for building projects

– Ethical dilemmas and challenges of technology

– Definition of “Responsible Control”

– Ethics and internships

– The future of technology focusing on engineering

– Legal responsibilities

TIMELINE

Timeline for Legislative Committee

• September, 2009 Newsletter introduces Board intent to launch legislative change process

• Winter 2009-10 Legislative Committee works with E&A Advisory Committee to develop draft language

• End of 2009-10 session Legislature initiates an interim study resolution so that summer/fall study process is funded

• June-August 2010 Interim study works through summer

• September, 2010 Bill drafter creates the bill language from draft language

• October, 2010 Senator commits to introducing bill as bill sponsor

• November, 2010 New Legislators elected

• January, 2011 Senator introduces bill in first 10 days of the 90-day session

MELINDA PEARSON, FAIAEXECUTIVE DIRECTOR

THANK YOU