The Nebraska Engineers and Architects Regulation Act came into effect on August 30, 2009. R.R.S. Neb. § 81-3402 states that the profession of architecture is subject to regulations for safeguarding life, health, and property and to promote the public welfare.
It is unlawful for any person to:
- practice or offer to practice architecture or engineering in Nebraska,
- use in connection with his or her name, or otherwise assume the title architect, or
- advertise any title or description tending to convey the impression that s/he is a licensed architect or engineer unless the person is duly licensed or exempt from licensure under the Engineers and Architects Regulation Act.
R.R.S. Neb. § 81-3404 defines an architect as a person who engages in the practice of architecture and who has a current certificate of licensure issued by the board. R.R.S. Neb. § 81-3420 defines practice of architecture as rendering or offering to render services in connection with the design and construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding the buildings. The services include planning, providing preliminary studies, designs, drawings, specifications, and other technical submissions, administration of construction contracts, coordination of any elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers and landscape architects, and acting as a coordinating professional.
Pursuant to R.R.S. Neb. § 81-3448, a person applying to the Board of Engineers and Architects for initial licensure as an architect shall submit an application accompanied by the fee established by the board and satisfactory evidence that s/he holds a degree in architecture accredited by the National Architectural Accreditation Board and that s/he has completed practical training in architectural work as required by the Board of Engineers and Architects. If an applicant is qualified, the Board of Engineers and Architects shall, by means of a written or electronic examination, examine the applicant on technical and professional subjects as prescribed by the board. The board may exempt from the written examination an applicant who holds a certification issued by the National Council of Architectural Registration Boards. The Board of Engineers and Architects may adopt guidelines published from time to time by the National Council of Architectural Registration Boards. The Board of Engineers and Architects may also adopt the examinations and grading procedures of the National Council of Architectural Registration Boards and the accreditation decisions of the National Architectural Accreditation Board. The Board of Engineers and Architects shall issue a certificate of licensure to each applicant who is found to be of good moral character and who satisfies the requirements. Licensure shall be effective upon issuance. Any person applying for initial licensure who do not hold a degree in architecture accredited by the National Architectural Accreditation Board shall submit an application accompanied by the fee established by the Board of Engineers and Architects. The application shall demonstrate satisfactory evidence of twelve years’ combined architectural education and architectural work experience, including the equivalent of the Intern Development Program promulgated by the National Council of Architectural Registration Boards. If an applicant is determined by the Board of Engineers and Architects to meet this requirement, the board shall, by means of a written or electronic examination, examine the applicant on technical and professional subjects as prescribed by the board. Starting January 1, 2000, only individuals who have earned a bachelor of science in architectural studies degree with an architecture emphasis prior to December 31, 1999, can be considered under this rule.
R.R.S. Neb. § 81-3441 states that an individual shall not directly or indirectly engage in the practice of architecture in Nebraska or use the title architect or display or use any words, letters, figures, titles, sign, card, advertisement, or other symbol or device indicating or tending to indicate that s/he is an architect or is practicing architecture unless s/he is licensed under the Engineers and Architects Regulation Act. A licensee shall not aid or abet any person not licensed under the act in the practice of architecture.
Pursuant to R.R.S. Neb. § 81-3442, any person who performs any of the following actions shall be guilty of a Class I misdemeanor for the first offense and a Class IV felony for the second or any subsequent offense:
- Practices or offers to practice architecture or engineering in Nebraska without being licensed in accordance with the Engineers and Architects Regulation Act;
- Knowingly and intentionally employs or retains a person to practice architecture or engineering in Nebraska who is not licensed in accordance with the act except as provided in sections 81-3413 to 81-3415 and who is not exempted by sections 81-3448 to 81-3453;
- Uses the words architect, engineer, or any modification or derivative of such words in its name or form of business activity except as authorized in the act or in the Professional Landscape Architects Act;
- Presents or attempts to use the certificate of licensure or the seal of another person;
- Gives any false or forged evidence of any kind to the board or to any member of the board in obtaining or attempting to obtain a certificate;
- Falsely impersonates any other licensee of like or different name;
- Attempts to use an expired, suspended, revoked, or nonexistent certificate of licensure or who practices or offers to practice when not qualified;
- Falsely claims that s/he is licensed or authorized under the act; or
- Violates the act.
By virtue of R.R.S. Neb. § 81-3450, an architect shall not sign or seal technical submissions unless they were prepared by the architect or under his or her direct supervision, except that in the case of the portions of such technical submissions prepared under the direct supervision of another architect employed by the first architect or by his or her firm, s/he may sign and seal those portions of the technical submissions if the architect has reviewed such portions and has coordinated their preparation or integrated them into his or her work. S/he may sign or seal those portions of the technical submissions that are not required by the Engineers and Architects Regulation Act to be prepared by or under the direct supervision of an architect if the architect has reviewed or adapted in whole or in part such submissions and integrated them into his or her work.