(A) (1) Except as otherwise provided in this section and Neb. RS 81-349 and 81-3453, the municipality shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications and estimates have been prepared and the construction has been observed by an architect, a professional engineer or a person under the direct supervision of an architect, professional engineer or those under the direct supervision of an architect or professional engineer.
(2) This division (A) shall not apply to any public work in which the contemplated expenditure for the complete project does not exceed $100,000 or the adjusted dollar amount set by the Board of Engineers and Architects.
(B) The provisions of division (A) above regulating the practice of architecture do not apply to the following activities or the other activities specified in Neb. RS 81-3449:
(1) Any alteration, renovation or remodeling of a building if the alteration, renovation or remodeling does not affect architectural or engineering safety features of the building;
(2) A public service provider who employs a design professional performing professional services for itself;
(3) The practice of any other certified trade or legally recognized profession;
(4) Earthmoving and related work associated with soil and water conservation practices performed any land owned by the municipality that is not subject to a permit from the Department of Natural Resources; and
(5) The work of employees and agents of the municipality performing, in accordance with other requirements of law, their customary duties in the administration and enforcement of codes, permit programs and land use regulations and their customary duties in utility and public works construction, operation and maintenance.
(C) The provisions of division (A) above regulating the practice of engineering do not apply to the following activities, the activities specified, in division (B) above, or the other activities specified in Neb. RS 81-3453:
(1) These services ordinarily performed by subordinates under direct supervision of a professional engineer or those commonly designated as locomotive, stationary, marine operating engineers, power plant operating engineers or manufacturers who supervise the operation of or operate machinery or equipment or who supervise construction within their own plant; and
(2) The construction of water wells as defined in Neb. RS 46-1212, the installation of pumps and pumping equipment into water wells, and the decommissioning of water wells, unless such construction, installation or decommissioning is required by the municipality to be designed or supervised by an engineer or unless legal requirements are imposed upon the municipality as a part of a public water supply.
(D) For the purpose of this section, the municipality is considered a public service provider if it employs or appoints an architect or a professional engineer to be in responsible charge of the municipality’s architectural or engineering work.
(1976 Code, § 8-110) (Ord. 1360, passed 11-8-2004; Ord. 1426B, passed 12-5-2011; Ord. 1461, passed 2-8-2016)
Statutory reference:
Related provisions, see Neb. RS 81-3423, 81-3449, 81-3453